What is the franchisee's obligation regarding substituted or modified terms in the Deer Solution franchise agreement?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee acknowledges that Franchisor makes no representations or warranties that all other agreements with Deer Solution Franchising LLC franchisees entered into before or after the Effective Date do or will contain terms substantially similar to those contained in this Agreement. Franchisee agrees that Franchisor may waive or modify comparable provisions of other Franchise Agreements to other System franchisees in a non-uniform manner.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to the 2025 Deer Solution Franchise Disclosure Document, Deer Solution makes no guarantees that franchise agreements entered into before or after a franchisee's effective date will contain substantially similar terms. Deer Solution retains the right to modify provisions in other franchise agreements with other system franchisees in a non-uniform manner.
This means that a Deer Solution franchisee cannot assume that the terms of their agreement will be the same as those offered to other franchisees. Deer Solution has the discretion to change or waive certain provisions for other franchisees, potentially creating a situation where some franchisees have more favorable terms than others.
This clause highlights the importance of carefully reviewing the Franchise Agreement and understanding that the terms are specific to that agreement. A prospective Deer Solution franchisee should not rely on the assumption that all franchisees operate under identical conditions and should seek legal counsel to fully understand the implications of this non-uniform application of terms.