In Michigan, can Deer Solution require litigation to be conducted outside of the state?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
Michigan FDD Amendment
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)
The 2025 Deer Solution Franchise Disclosure Document includes a Michigan FDD Amendment that addresses certain unfair provisions sometimes found in franchise documents. According to this amendment, if any of the listed provisions are present in the franchise documents, they are considered void and unenforceable against the franchisee in Michigan.
Specifically, the amendment prohibits Deer Solution from enforcing a requirement that a franchisee assent to a release, assignment, novation, waiver, or estoppel that deprives them of rights and protections provided under Michigan franchise law. However, this does not prevent a franchisee from settling claims after entering into the Franchise Agreement.
While the Michigan amendment outlines several prohibited provisions, it does not explicitly address whether Deer Solution can require litigation to be conducted outside of Michigan. A prospective franchisee should clarify this point with Deer Solution to fully understand their rights and obligations regarding dispute resolution under Michigan law.