Under what condition is each provision of the Deck Medic amendment effective?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
Each provision of this amendment shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the Minnesota Franchise Act are met independently without reference to this amendment.
No statement, questionnaire or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of: (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor.
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, the franchise agreement amendments are state-specific and their effectiveness depends on meeting the jurisdictional requirements of the relevant state's franchise laws. For instance, the Minnesota amendment is effective only if the jurisdictional requirements of the Minnesota Franchise Act are met independently, without relying on the amendment itself. Similarly, the New York amendment is effective only if the jurisdictional requirements of the New York General Business Law are met independently, without reference to the amendment.
For the North Dakota amendment to the Deck Medic franchise agreement, the addendum is only applicable if the franchisee is a resident of North Dakota or if their Deck Medic business will be located within the State of North Dakota.
This means that a Deck Medic franchisee's rights and obligations can vary significantly depending on the state in which they operate. Franchisees should be aware of the specific franchise laws in their state and how they affect the franchise agreement. It also implies that Deck Medic must ensure its franchise agreements and practices comply with the franchise laws of each state in which it operates.