Does the definition of 'Ancillary Agreements' for Deer Solution include agreements with the franchisee's spouse?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
- "Ancillary Agreements" refers to and means, individually and collectively, each and every agreement between: (a) Franchisor and Franchisee but, not including this Agreement; (b) Franchisor and each of Franchisee's Owners, whether individually and/or collectively; and (c) Franchisor and each Spouse of Franchisee's Owners, whether individually and/or collectively.
Without limitation to the foregoing, the term Ancillary Agreements includes the Franchise Owner and Spouse Agreement and Guaranty, Lease Agreement Rider, Collateral Assignment of Lease and the Assignment of Telephone Numbers and Digital Media Accounts, as said agreements, individually and/or collectively, may have been entered into between the foregoing parties.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, the definition of 'Ancillary Agreements' does include agreements with the franchisee's spouse. Specifically, the definition encompasses agreements between Deer Solution and the franchisee's owners, as well as agreements between Deer Solution and the spouses of the franchisee's owners.
This means that a franchisee's spouse may be required to sign certain agreements as part of the franchising process. These agreements can include the Franchise Owner and Spouse Agreement and Guaranty, Lease Agreement Rider, Collateral Assignment of Lease, and the Assignment of Telephone Numbers and Digital Media Accounts. The spouse's obligations could include guaranteeing the franchisee's obligations to Deer Solution and adhering to confidentiality and noncompetition restrictions.
Prospective franchisees should carefully review the specific terms of any Ancillary Agreements, including those involving their spouses, with legal counsel to fully understand the obligations and potential liabilities. This is especially important because the spouse may be held jointly and severally liable for the franchisee's debts and obligations to Deer Solution.