What is the 'Franchise Agreement' referring to in the context of the Deer Solution amendments?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
In recognition of the North Dakota Franchise Investment Law, Section 51-19, the parties to the attached Deer Solution Franchising LLC Franchise Agreement (the "Franchise Agreement") agree as follows:
The North Dakota Addendum is only applicable if you are a resident of North Dakota or if your Deer Solution Business will be located within the State of North Dakota.
Article 15 of the Franchise Agreement is hereby amended by the addition of the following language: "Provisions requiring North Dakota franchisees to sign a general release upon renewal of the Franchise Agreement are not enforceable in North Dakota."
Article 16 of the Franchise Agreement is hereby amended by the addition of the following language: "Provisions requiring North Dakota Franchisees to consent to termination or liquidated damages are not enforceable in North Dakota."
Articles 6 and 17 of the Franchise Agreement are hereby amended by the addition of the following language: "Covenants not to compete such as those mentioned above are generally considered unenforceable in the State of North Dakota."
Article 18 of the Franchise Agreement is hereby amended by the addition of the following language: "Covenants requiring North Dakota franchisees to consent to the jurisdiction of courts outside of North Dakota may not be enforceable in North Dakota."
Article 18 of the Franchise Agreement is hereby amended by the addition of the following language: "for North Dakota Franchisees, North Dakota law shall apply."
Article 18 of the Franchise Agreement is hereby amended by the addition of the following language: "Provisions requiring a franchisee to consent to a waiver of trial by jury are not enforceable under Section 51-19-09 of the North Dakota Franchise Investment Law."
Article 18 of the Franchise Agreement is hereby amended by the addition of the following language: "Provisions requiring the franchisee to consent to a waiver of exemplary and punitive damages are not enforceable under Section 51-19-09 of the North Dakota Franchise Investment Law."
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to the 2025 Deer Solution Franchise Disclosure Document, the "Franchise Agreement" refers to the agreement between Deer Solution Franchising LLC and the franchisee. This agreement outlines the terms and conditions under which the franchisee will operate their Deer Solution business. Several states, including North Dakota, Maryland, New York, Minnesota, and Illinois, require specific amendments to this agreement to comply with their respective franchise laws. These amendments address issues such as waivers of rights, enforcement of covenants, and choice of law.
For example, the North Dakota amendment modifies articles within the Franchise Agreement related to general releases, termination, liquidated damages, covenants not to compete, jurisdiction, and waivers of trial by jury. Similarly, the New York amendment ensures that franchisees do not waive any rights conferred by the New York General Business Law. The Maryland amendment addresses dispute resolution through arbitration and limitations on claims under the Maryland Franchise Registration and Disclosure Law.
These amendments are crucial for prospective Deer Solution franchisees as they clarify their rights and obligations under the Franchise Agreement within the specific legal frameworks of these states. Franchisees should carefully review these amendments to understand how state laws modify the standard terms of the Franchise Agreement, ensuring they are aware of their protections and any limitations on the franchisor's ability to enforce certain provisions. This ensures compliance with local regulations and protects the franchisee's interests.