In the Deer Solution franchise agreement, what happens if a specification, standard, or operating procedure is deemed invalid?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
oving or disapproving of Franchisee requests related to marketing materials and Digital Media that may be used to market the Franchised Business; and
- (7) Establishing and communicating System standards and requirements in the form of the Operations Manual and, as Franchisor, in Franchisor's sole discretion.
4.C. OPERATIONS MANUAL
Franchisor shall provide Franchisee with access to the Operations Manual. The Operations Manual contains, as designated and determined by Franchisor, mandatory and, as applicable, suggested specifications, standards, and operating procedures that Franchisor prescribes for Deer Solution Businesses. Franchisee shall operate the Franchised Business in strict accordance with the standards, specifications, and requirements set forth in the Operations Manual as, such standards, specifications, and requirements including, but not limited to, the Approved Services and Products, System Supplies, and, authorized and designated suppliers, as of the Effective Date of this Agreement, and, as they may be supplemented, modified, changed, and/or replaced in the future and, from time to time, by Franchisor, in Franchisor's Reasonable Business Judgment. Franchisee shall keep and maintain the confidentiality of the Operations Manual and shall keep and maintain all files, data and information contained in the Operations Manual in a secure location and/or in a protected confidential state and, as otherwise directed by Franchisor. The master copy and official version of the Operations Manual is and shall be the copy and/or version maintained and designated by Franchisor in Franchisor's ordinary course of business.
Franchisor shall provide Franchisee with reasonable notice of modifications and changes made to the Operations Manual and, such notice may take form of electronic communications including emails and, if the Operations Manual is maintained on an online web based platform, notifications within said platform. Franchisor shall provide Franchisee with a reasonable period of time, as determined by Franchisor, in Franchisor's Reasonable Business Judgment, to implement change and modifications to the as set forth in the Operations Manual.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
Based on the 2025 Deer Solution Franchise Disclosure Document, the document does not specify what happens if a specification, standard, or operating procedure is deemed invalid. However, the FDD does state that Deer Solution provides franchisees with access to an Operations Manual containing mandatory and suggested specifications, standards, and operating procedures. Franchisees must operate their Deer Solution business in strict accordance with these standards and specifications, which may be updated from time to time.
Deer Solution will provide franchisees with reasonable notice of any modifications or changes to the Operations Manual, potentially through electronic communications or notifications on an online platform. Franchisees will also be given a reasonable period of time to implement these changes. Franchisees are only allowed to offer and sell approved services and products and use system supplies as designated by Deer Solution in the Operations Manual.
Since the FDD does not address the scenario where a specification, standard, or operating procedure is deemed invalid, it is important for a prospective franchisee to discuss this potential situation with Deer Solution. Understanding the process for addressing such issues and the potential implications for the franchisee's business operations is crucial before entering into a franchise agreement.