Who is responsible for all fees associated with the Business Management Systems for a Deer Solution franchise, including initial and ongoing license fees?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, we are the owners of a licensed Deer Solution Business (hereinafter referred to as the "Deer Solution Business") that we independently own and operate as a franchisee;
WHEREAS, you are or are about to be an employee, independent contractor, officer and/or director of a Deer Solution Business that is independently owned and operated by us;
WHEREAS, in the course of your employment, independent contractor relationship and/or association with us, you may gain access to Confidential Information (defined below in this Agreement) and you understand that it is necessary to protect the Confidential Information and for the Confidential Information to remain confidential;
WHEREAS, our Franchisor, Deer Solution Franchising LLC, is not a party to this agreement and does not own or manage the Deer Solution Business but is an intended third party beneficiary of this Agreement; and
WHEREAS, this Agreement is not an employment agreement and is only a confidentiality agreement in connection with information, materials and access that may be provided to you in connection with the Deer Solution Business.
NOW THEREFORE, you acknowledge and agree as follows:
- 1. Recitals and Representations. You agree that the foregoing Recitals and Representations are true and accurate and shall constitute a part of this Agreement and are hereby incorporated into the main body of this Agreement.
- 2. Definitions. For purposes of this Agreement, the following terms have the meanings given to them below:
- "Business Management System" refers to and means the software and/or internet or cloud based system and/or systems, point of sale system or systems and customer relationship management system or systems as used in connection with the operations of the Deer Solution Business.
- "Business Management System Data" refers to and means the forms, data, tools, customer information, inventory and sales information, and other information that is entered into and/or maintained on the Business Management System of the Deer Solution Business.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
The 2025 Deer Solution Franchise Disclosure Document does not explicitly state who is responsible for the fees associated with the Business Management System. However, it does define the Business Management System as the software, internet, cloud-based, point-of-sale, and customer relationship management systems used in the Deer Solution Business operations. It also states that upon termination of the agreement, the franchisee must cease using the Business Management System Data.
While the FDD defines the Business Management System and mentions its use, it does not specify which party bears the costs for initial licenses, ongoing fees, or any related expenses. The document outlines various fees payable by the franchisee, such as Royalty Fees and Advertising Contributions, but it does not directly address the Business Management System fees.
A prospective Deer Solution franchisee should seek clarification from the franchisor regarding the financial responsibilities related to the Business Management System. Specifically, they should inquire about the initial costs, ongoing subscription or licensing fees, and any potential maintenance or update expenses associated with the system. Understanding these costs is crucial for accurately assessing the overall investment and operational expenses of the franchise.