What New York law is Deer Solution recognizing in its Franchise Agreement amendments?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
In recognition of the requirements of the New York General Business Law, Article 33, Sections 680 through 695, and of the regulations promulgated thereunder (N.Y. Comp. Code R. & Regs., tit. 13, §§ 200.1 through 201.16), the parties to the attached Deer Solution Franchising LLC Franchise Agreement (the "Franchise Agreement"), as follows:
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- Under Article 14.C. of the Franchise Agreement, under the heading "Conditions for Approval of Transfer," the subarticle 14.C(6) is supplemented with the addition of the following language:
- ; provided, however, that all rights and causes of action arising in favor of Franchisee from the provisions of New York General Business Law Sections 680-695 and the regulations issued thereunder, shall remain in force; it being the intent of this provision that the non-waiver provisions of N.Y. Gen. Bus. Law Sections 687.4 and 687.5 be satisfied.
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- Under Article 15.B. of the Franchise Agreement, under the heading "Conditions for Renewal," the subarticle 15.B(8) is supplemented with the addition of the following language:
- ; provided, however, that all rights and causes of action arising in favor of Franchisee from the provisions of New York General Business Law Sections 680-695 and the regulations issued thereunder, shall remain in force; it being the intent of this provision that the non-waiver provisions of N.Y. Gen. Bus. Law Sections 687.4 and 687.5 be satisfied.
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- Article 18 of the Franchise Agreement and, under the heading "Enforcement and Construction," shall be supplemented by the addition of the following new subarticle 18.Z. to the Franchise Agreement:
Nothing in this Agreement should be considered a waiver of any right conferred upon franchisee by New York General Business Law, Sections 680-695.
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 amendments recognize the requirements of the New York General Business Law, Article 33, specifically Sections 680 through 695, and the regulations promulgated thereunder (N.Y. Comp. Code R. & Regs., tit. 13, §§ 200.1 through 201.16). This recognition is formalized in a New York Franchise Agreement Amendment.
The amendment ensures that franchisees retain all rights and causes of action arising from the aforementioned New York General Business Law sections and regulations. Specifically, the amendment supplements Articles 14.C and 15.B of the Franchise Agreement to ensure the non-waiver provisions of N.Y. Gen. Bus. Law Sections 687.4 and 687.5 are satisfied. Additionally, Article 18 is supplemented to reinforce 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.
This means that Deer Solution franchisees in New York are protected by specific provisions of New York law, and the franchise agreement cannot force them to waive those rights. This is a beneficial protection for franchisees, ensuring they have recourse under New York law should any issues arise with the franchise agreement or the franchisor's conduct. The amendment serves to clarify and reinforce these protections within the context of the franchise relationship.