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What statute of limitations applies to claims by North Dakota Deer Solution franchisees?

Deer_Solution Franchise · 2025 FDD

Answer from 2025 FDD Document

Article 18 of the Franchise Agreement is hereby amended by the addition of the following language: "Provisions requiring a franchisee to consent to a limitation of claims within one year have been determined to be unfair, unjust, and inequitable within the intent of Section 51-19-09 of the North Dakota Franchise Investment Law.

Therefore, for North Dakota franchisees, the statute of limitations under North Dakota Law will apply."

Source: Item 23 — RECEIPTS (FDD pages 55–246)

What This Means (2025 FDD)

According to the 2025 Deer Solution Franchise Disclosure Document, the statute of limitations for North Dakota franchisees will be determined by North Dakota law. This amendment to the franchise agreement specifically addresses concerns related to the North Dakota Franchise Investment Law, particularly Section 51-19-09, which deems certain provisions as unfair, unjust, and inequitable.

Specifically, Deer Solution acknowledges that requiring franchisees to consent to a limitation of claims within one year is not enforceable under North Dakota law. This means that the standard contractual clauses that might shorten the time a franchisee has to bring a claim are superseded by the protections afforded to them under North Dakota statutes.

For a prospective Deer Solution franchisee in North Dakota, this is a significant protection. It ensures that they have the full statutory period allowed under North Dakota law to bring any claims against the franchisor, rather than being limited by a shorter period specified in the franchise agreement. This could be crucial in cases where issues arise later in the franchise term or are not immediately apparent.

Deer Solution franchisees should consult with a legal professional in North Dakota to fully understand their rights and the applicable statute of limitations for various types of claims under North Dakota law, as this addendum ensures those state laws will govern.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.