Does the general release required for renewal, sale, or assignment/transfer of a Deer Solution franchise apply to liability under the Maryland Franchise Registration and Disclosure Law?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
In recognition of the requirements of the Maryland Franchise Registration and Disclosure Law, the parties to the attached Deer Solution Franchising LLC Franchise Agreement (the "Franchise Agreement"), as follows:
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- The general release required as a condition of renewal, sale, and/or assignment/transfer shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law.
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- Article 18.G. of the Franchise Agreement, under the heading "Choice of Law, Non-Binding Mediation, Binding Arbitration, and Consent to Jurisdiction," shall be amended by the addition of the following statement added to Article 18.G. of the Franchise Agreement:
- A franchisee may bring a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law.
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- Article 18.I. of the Franchise Agreement, under the heading "Limitations of Claims," shall be amended by the addition of the following statement added to Article 18.I. of the Franchise Agreement:
Any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within three years after the grant of the franchise.
A general release required as a condition of renewal, sale and/or assignment or transfer of a Franchise Agreement shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to the 2025 Deer Solution Franchise Disclosure Document, the general release required as a condition of renewal, sale, or assignment/transfer of a Deer Solution franchise does not apply to liability under the Maryland Franchise Registration and Disclosure Law. This means that even if a franchisee signs a general release when renewing, selling, or transferring their franchise, they still retain the right to pursue claims under the Maryland Franchise Registration and Disclosure Law.
This protection is specifically outlined in the Maryland Franchise Agreement Amendment within the FDD. It ensures that franchisees in Maryland do not inadvertently waive their rights under Maryland franchise law when signing standard release documents related to franchise transitions. This is particularly important because franchise laws are designed to protect franchisees from unfair practices by franchisors.
This provision is favorable for prospective Deer Solution franchisees in Maryland, as it preserves their legal rights and options under state law, even during franchise renewal, sale, or transfer scenarios. It aligns with the broader intent of franchise laws, which aim to balance the power dynamic between franchisors and franchisees. Deer Solution franchisees in Maryland retain the ability to bring a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law. Any such claims must be brought within three years after the grant of the franchise.