Does the Deer Solution franchise agreement specify who is responsible for the costs associated with the Business Management System?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, our Franchisor, Deer Solution Franchising LLC, is not a party to this agreement and does not own or manage the Deer Solution Business but is an intended third party beneficiary of this Agreement; and
WHEREAS, this Agreement is not an employment agreement and is only a confidentiality agreement in connection with information, materials and access that may be provided to you in connection with the Deer Solution Business.
NOW THEREFORE, you acknowledge and agree as follows:
- 1. Recitals and Representations. You agree that the foregoing Recitals and Representations are true and accurate and shall constitute a part of this Agreement and are hereby incorporated into the main body of this Agreement.
- 2. Definitions. For purposes of this Agreement, the following terms have the meanings given to them below:
- "Business Management System" refers to and means the software and/or internet or cloud based system and/or systems, point of sale system or systems and customer relationship management system or systems as used in connection with the operations of the Deer Solution Business.
- "Business Management System Data" refers to and means the forms, data, tools, customer information, inventory and sales information, and other information that is entered into and/or maintained on the Business Management System of the Deer Solution Business.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
Based on the 2025 Deer Solution Franchise Disclosure Document, the excerpts provided do not explicitly state who bears the costs associated with the Business Management System. However, the FDD does define the Business Management System as the software, internet or cloud-based systems, point of sale systems, and customer relationship management systems used in the Deer Solution Business operations. The agreement also defines "Business Management System Data" as the information entered into and maintained on the Business Management System.
While the FDD excerpts do not specify who is responsible for the costs, it does state that the franchisee is responsible for various fees. For example, upon termination of the agreement, the franchisee must pay all sums and fees due to the franchisor, including royalty fees, advertising contributions, and other sums for products and services, including System Supplies. Additionally, the franchisor determines the services included in the Sales and Support Center Services and what activities may be delegated to franchisees at each franchisee's sole cost and expense separate and apart from the Sales and Support Center Fees.
Given the lack of explicit detail regarding the Business Management System costs, it is important for potential Deer Solution franchisees to seek clarification from the franchisor. Specifically, prospective franchisees should inquire about initial setup costs, ongoing maintenance fees, software licensing fees, and any other expenses related to the Business Management System. Understanding these costs is crucial for assessing the overall financial investment and profitability of a Deer Solution franchise.