When is an offer or sale by Deer Solution deemed to be made in New York?

According to Deer Solution's 2025 Franchise Disclosure Document, an offer or sale is considered to be made in New York if the prospective franchisee is domiciled in New York or if the Deer Solution outlet will be opening in New York. This determination is important because it triggers the requirements of the New York General Business Law, Article 33, which provides certain protections to franchisees. Deer Solution Franchising LLC is obligated to provide a New York prospectus to every prospective franchisee who falls under the protection of this law.

This means that if you live in New York or plan to operate your Deer Solution franchise in New York, you are entitled to specific rights and disclosures under New York law. Deer Solution must furnish you with a New York prospectus, which contains detailed information about the franchise offering. This prospectus is designed to help you make an informed decision about whether to invest in a Deer Solution franchise.

It's also important to note that these New York-specific protections cannot be waived. Any agreement or acknowledgement that attempts to waive claims or disclaim reliance on statements made by Deer Solution is superseded by these protections. This ensures that franchisees in New York retain their rights under state franchise law, including the right to pursue claims of fraud in the inducement.

Prospective franchisees should carefully review the New York prospectus and understand their rights under New York General Business Law. Consulting with a legal professional experienced in franchise law is advisable to fully understand the implications and protections afforded by New York law.