Under what circumstances can the Deck Medic franchise agreement be modified?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
| q. | Non-competition covenants during the term of the franchise | 6 | No involvement in any competitive business and must comply with confidentiality, non-disclosure and non solicitation covenants. |
|---|---|---|---|
| r. | Non-competition covenants after the franchise is terminated or expires | 6, 17 | No involvement, ownership or interest whatsoever for 24 months in any competing business in: your Operating Territory; a 25 mile radius of your Operating Territory; the Operating Territory of any other Deck Medic Business; and you must comply with confidentiality, non-disclosure and non-solicitation covenants. |
| s. | Modification of the agreement | 18.L. | Requires writing signed by you and us, except for unilateral |
| changes that we may make to the Manuals or our unilateral | |||
| reduction of the scope of a restrictive covenant that we may | |||
| make in our discretion. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 34–39)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, the franchise agreement can be modified under specific conditions. Generally, any modification requires a written agreement signed by both the franchisee and Deck Medic. This ensures that both parties are in agreement regarding the changes.
However, there are exceptions to this rule. Deck Medic retains the unilateral right to make changes to the Manuals, which likely contain operational guidelines and standards. These changes do not require the franchisee's signature. Additionally, Deck Medic can unilaterally reduce the scope of a restrictive covenant, which typically relates to non-competition agreements. This means Deck Medic can lessen the restrictions on a franchisee's activities after the franchise agreement ends, without needing the franchisee's consent.
It is important for prospective Deck Medic franchisees to understand these modification terms. While most changes require mutual agreement, Deck Medic has the power to alter operational manuals and reduce restrictive covenants independently. Franchisees should carefully review the franchise agreement and any related documents to fully understand their rights and obligations regarding modifications.