Can a Deer Solution franchisee appeal a final judgement to avoid termination?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
Rhode Island FDD Amendment
Amendments to the Deer Solution Franchise Disclosure Document
- Item 17, "Renewal, Termination, Transfer and Dispute Resolution," Item 17 is supplemented by the addition of the following:
- A. The Rhode Island Franchise Investment Act, R.I. Gen. Law Ch. 395 Sec. 19-28.1-14 provides that a provision in a Franchise Agreement restricting jurisdiction or venue to a forum outside this state or requiring the application of the laws of another state is void with respect to a claim otherwise enforceable under the Rhode Island Franchise Investment Act.
- B. Any general release as a condition of renewal, termination or transfer will be void with respect to claims under the Rhode Island Franchise Investment Act.
Virginia FDD Amendment
Amendments to the Deer Solution Franchise Disclosure Document
Item 17, "Renewal, Termination, Transfer and Dispute Resolution," Item 17(h) is supplemented by the addition of the following:
Under Section 13.1-564 of the Virginia Retail Franchising Act, it is unlawful for a franchisor to cancel a franchise without reasonable cause. If any grounds for default or termination stated in Deer Solution Franchise Agreement do not constitute "reasonable cause," as that term may be defined in the Virginia Retail Franchising Act or the laws of Virginia, that provision may not be enforceable.
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. This provision supersedes any other term of any document executed in connection with the franchise.
Washington FDD Amendment
Amendments to the Deer Solution Franchise Disclosure Document
In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW will prevail.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
Based on the 2025 Deer Solution Franchise Disclosure Document, the ability of a franchisee to appeal a final judgment to avoid termination isn't directly addressed. However, the FDD includes amendments for Rhode Island, Virginia, and Washington that may provide some recourse.
Specifically, the Rhode Island amendment notes that any provision restricting jurisdiction or venue to a forum outside of Rhode Island or requiring the application of another state's laws is void with respect to claims enforceable under the Rhode Island Franchise Investment Act. Similarly, any general release required for renewal, termination, or transfer is void regarding claims under the same act.
The Virginia amendment states that it is unlawful for Deer Solution to cancel a franchise without reasonable cause, as defined by the Virginia Retail Franchising Act. It also specifies that no statement signed by a franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Deer Solution. The Washington amendment indicates that the provisions of the Washington Franchise Investment Protection Act will prevail in the event of a conflict of laws.
While these amendments don't explicitly grant appeal rights, they do provide franchisees in those states with certain protections against unfair termination practices and may offer avenues for legal challenges based on state-specific franchise laws. A prospective franchisee should consult with a legal professional to understand their rights and options in the event of a termination dispute, particularly in light of these state amendments.