In Michigan, can Deer Solution require litigation to be conducted outside of Michigan?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
Amendments to the Deer Solution Franchise Disclosure Document
THE STATE OF MICHIGAN PROHIBITS CERTAIN UNFAIR PROVISIONS THAT ARE SOMETIMES IN FRANCHISE DOCUMENTS.
IF ANY OF THE FOLLOWING PROVISIONS ARE IN THESE FRANCHISE DOCUMENTS, THE PROVISIONS ARE VOID AND CANNOT BE ENFORCED AGAINST YOU.
- A.
A prohibition of your right to join an association of Franchisees.
- B.
A requirement that you assent to a release, assignment, novation, waiver, or estoppel that deprives you of rights and protections provided in this act.
This shall not preclude you, after entering into a Franchise Agreement, from settling any and all claims.
- C.
A provision that permits us to terminate a franchise before the expiration of this term except for good cause.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, certain provisions that might appear in the franchise documents are void and cannot be enforced against a franchisee in Michigan. These include a requirement that the franchisee assent to a release, assignment, novation, waiver, or estoppel that deprives them of rights and protections provided in the Michigan franchise law. However, this does not prevent a franchisee from settling claims after entering into the Franchise Agreement.
This means that Deer Solution cannot enforce certain unfair provisions against Michigan franchisees. Specifically, franchisees in Michigan retain their rights and protections under Michigan franchise law, and any attempt to force them to waive these rights through certain legal mechanisms is unenforceable. This protection ensures that Michigan franchisees are not unfairly disadvantaged by specific clauses in the franchise agreement.
While the FDD excerpt specifies certain prohibited provisions, it does not explicitly address whether Deer Solution can require litigation to be conducted outside of Michigan. A prospective franchisee should clarify with Deer Solution whether the franchise agreement contains any clauses requiring litigation to occur outside of Michigan and how those clauses are affected by Michigan law.