factual

Is a Deer Solution franchisee required to exclusively use the Business Management System designated by the franchisor?

Deer_Solution Franchise · 2025 FDD

Answer from 2025 FDD Document

this Agreement.

  • "Brand Development Fund Contribution Percentage" shall have the meaning defined and set forth in Article 9.A. of this Agreement.
  • "Brand Development Fund Fee" shall have the meaning defined and set forth in Article 9.A. of this Agreement.
  • "Business Management System" refers to and means the software, internet, web based and/or cloud based system or systems, point of sale system or systems and customer relationship management system or systems as same may be individually or collectively designated by Franchisor, in Franchisor's Reasonable Business Judgment, as being required for use by the Franchised Business, including, but not limited to, the day-to-day sales, ordering, operations and management of the Franchised Business. Franchisor reserves the right to modify and designate alternative Business Management Systems as Franchisor determines in Franchisor's Reasonable Business Judgment. At all times, Franchisor shall possess direct live access and storage based access to the Business Management System for the Franchised Business and to Franchisee's Business Management System Data.
  • "Business Management System Data" refers to and means the forms, data, tools, customer information, inventory and sales information that: (a) is pre-populated or entered into the Business Management System utilized by Franchisee; (b) is entered (whether by Franchisor or Franchisee) into the Business Management System utilized by Franchisee; and/or (c) is recorded, stored and/or maintained by the Business Management System in connection with the management and operations of the Franchised Business.
  • "Captive Market" refers to and means any and all facilities, venues, and/or institutions with captive audiences or consumers, workers, members and/or participants. Without limitation to the foregoing, the term Captive Market shall further refer to and include, among other things: airports, transportation stations, factories, government facilities, military bases, hospitals, amusement parks, recreational parks and facilities, schools, colleges, malls, and limited access venues.
  • "Closed Market" refers to and means any and all Captive Market and Corporate Account customers that presently, or in the future, are located within Franchisee's Operating Territory.
  • "Competitive Business" refers to and means any business that is the same as or similar to a Deer Solution Business including, but not limited to, any business that offers and/or provides services and/or products relating to deer repellent services, deer damage control and repair.

Source: Item 23 — RECEIPTS (FDD pages 55–246)

What This Means (2025 FDD)

According to the 2025 Deer Solution Franchise Disclosure Document, a franchisee is required to use the Business Management System that Deer Solution designates. The FDD defines the "Business Management System" as the software, internet, web-based, cloud-based, point of sale, and customer relationship management systems that Deer Solution requires for the day-to-day sales, ordering, operations, and management of the franchised business. Deer Solution retains the right to modify and designate alternative Business Management Systems.

Deer Solution also requires franchisees to provide them with direct live access and storage-based access to the Business Management System for the franchised business and to the franchisee's Business Management System Data. "Business Management System Data" includes forms, data, tools, customer information, inventory, and sales information entered into the system.

Upon termination of the Franchise Agreement, the franchisee must immediately cease using the Business Management System. This includes the Business Management System Data. This ensures that the franchisee no longer operates under the Deer Solution system and protects Deer Solution's confidential information and operational methods.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.