Can the Deer Solution general release be changed orally?
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 to alter the general release orally is not explicitly addressed. However, several state-specific amendments included in Item 23 discuss the enforceability and limitations of general releases, particularly concerning state franchise laws.
For example, the Maryland FDD Amendment states that the general release required for renewal, sale, or transfer does not apply to liabilities under the Maryland Franchise Registration and Disclosure Law. Similarly, the Rhode Island FDD Amendment indicates that any general release as a condition of renewal, termination, or transfer will be void concerning claims under the Rhode Island Franchise Investment Act. The Virginia FDD Amendment also notes that no statement signed by a franchisee can waive claims under state franchise law.
These amendments suggest that while a general release may be part of the Deer Solution franchise agreement, its scope and enforceability are subject to state laws, and franchisees cannot waive certain rights. However, the FDD does not specify whether the general release can be modified orally. A prospective franchisee should clarify with Deer Solution under what conditions, if any, the general release can be altered and ensure any modifications are documented in writing to avoid future disputes.