factual

Under what circumstances related to bankruptcy can the Deck Medic franchise agreement be terminated?

Deck_Medic Franchise · 2024 FDD

Answer from 2024 FDD Document

Item 17, "Renewal, Termination, Transfer and Dispute Resolution," is supplemented, by the addition of the following:

  • D. The Franchise Agreement provides for termination upon bankruptcy. This provision may not be enforceable under federal bankruptcy law (11 U.S.C. Section 101, et seq.).

Source: Item 23 — RECEIPTS (FDD pages 43–228)

What This Means (2024 FDD)

According to the 2024 Deck Medic Franchise Disclosure Document, the franchise agreement provides for termination upon bankruptcy. However, an amendment for Maryland franchisees states that this provision may not be enforceable under federal bankruptcy law (11 U.S.C. Section 101, et seq.).

This means that while the standard Deck Medic franchise agreement allows for termination if a franchisee declares bankruptcy, this clause's enforceability is questionable, particularly in light of federal bankruptcy laws. Federal law could supersede the franchise agreement, potentially preventing Deck Medic from terminating the agreement solely based on the franchisee's bankruptcy.

Prospective franchisees should be aware of this potential conflict between the franchise agreement and federal law. It is advisable to seek legal counsel to understand the full implications of this clause and how it might affect their rights and obligations in the event of bankruptcy. Franchisees in Maryland should pay particular attention to this issue, given the specific amendment addressing the unenforceability of the termination provision under federal bankruptcy law.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.