Does Deer Solution's insistence on a franchisee's strict compliance with obligations constitute a waiver of any term or condition in the franchise agreement?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
Nothing in this Agreement should be considered a waiver of any right conferred upon franchisee by New York General Business Law, Sections 680-695.
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- There are circumstances in which an offering made by Deer Solution Franchising LLC would not fall within the scope of the New York General Business Law, Article 33, such as when the offer and acceptance occurred outside the State of New York. However, an offer or sale is deemed made in New York if you are domiciled in New York or the Outlet will be opening in New York. Deer Solution Franchising LLC is required to furnish a New York prospectus to every prospective franchisee who is protected under the New York General Business Law, Article 33.
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- 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.
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- Each provision of this amendment shall be effective only to the extent, with respect to such provision, that the jurisdictional requirements of the New York General Business Law, are met independently without reference to this amendment.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, the franchise agreement includes a provision addressing waivers specifically related to New York General Business Law. The document states that nothing in the agreement should be considered a waiver of any right conferred upon the franchisee by New York General Business Law, Sections 680-695.
Furthermore, the FDD clarifies that no statement, questionnaire, or acknowledgement signed by a franchisee in connection with starting the franchise relationship can waive claims under applicable state franchise law, including fraud in the inducement. It also prevents disclaiming reliance on statements made by Deer Solution or anyone acting on its behalf. This provision explicitly supersedes any other conflicting term in any document related to the franchise.
Therefore, while the document emphasizes franchisee compliance, it also protects certain franchisee rights, particularly those granted by New York franchise law, ensuring that franchisees cannot inadvertently waive these rights through standard agreements or acknowledgements. This protection is especially relevant for franchisees operating in New York or those domiciled there, as the offer or sale of the franchise is deemed to occur in New York under those circumstances.