factual

What law governs the Deer Solution Franchise Agreement for North Dakota franchisees?

Deer_Solution Franchise · 2025 FDD

Answer from 2025 FDD Document

Article 18 of the Franchise Agreement is hereby amended by the addition of the following language: "for North Dakota Franchisees, North Dakota law shall apply."

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

What This Means (2025 FDD)

According to the 2025 Deer Solution Franchise Disclosure Document, for franchisees in North Dakota, North Dakota law shall apply to the Franchise Agreement. Specifically, Article 18 of the Franchise Agreement is amended to reflect this. This amendment is in recognition of the North Dakota Franchise Investment Law, Section 51-19.

This means that the interpretation and enforcement of the Deer Solution Franchise Agreement for North Dakota franchisees will be subject to North Dakota state law. This can be beneficial for franchisees as it ensures that their rights are protected under local laws and regulations. It also means that any legal disputes related to the franchise will likely be resolved in North Dakota courts, which may be more convenient and cost-effective for the franchisee.

Several provisions that might otherwise apply are explicitly waived or modified for North Dakota franchisees to comply with North Dakota law. These include provisions related to general releases upon renewal, consent to termination or liquidated damages, covenants not to compete, consent to jurisdiction of courts outside North Dakota, waiver of trial by jury, and waiver of exemplary and punitive damages. These modifications aim to protect the franchisee's rights under North Dakota law, ensuring a fairer and more equitable franchise relationship.

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.