What is the purpose of supplementing Article 15.B(8) in the Deer Solution Franchise Agreement regarding renewal, with respect to New York General Business Law?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
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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.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to the 2025 Deer Solution Franchise Disclosure Document, Article 15.B of the Franchise Agreement, which covers "Conditions for Renewal," is supplemented specifically to comply with New York General Business Law. The addition to subarticle 15.B(8) ensures that all rights and causes of action available to the franchisee under Sections 680-695 of the New York General Business Law, and its associated regulations, remain in effect. This is intended to satisfy the non-waiver provisions outlined in N.Y. Gen. Bus. Law Sections 687.4 and 687.5.
In practical terms, this means that a Deer Solution franchisee in New York cannot unintentionally waive their rights under New York franchise law when renewing their franchise agreement. These rights and causes of action remain enforceable, protecting the franchisee from unknowingly relinquishing legal protections afforded by New York law.
This amendment is crucial for franchisees in New York as it reinforces the franchisor's commitment to adhering to state-specific regulations, preventing any potential conflicts where the franchise agreement might inadvertently compromise the franchisee's statutory rights. It ensures that the franchisee retains the ability to pursue legal remedies available under New York law, even after renewing their agreement with Deer Solution.