Are there any conditional statements in this table that affect Deer Solution franchisees?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
ranchisee's Operating Territory. The marketing of the Franchised Business must be targeted to Franchisee's Operating Territory and, at all times, must conform and comply with, among other things, the restrictions set forth in Article 9.F. of this Agreement;
- (2) Provided that Franchisee: (i) does not engage in any Direct Solicitation of customers or potential
customers outside of Franchisee's Operating Territory or, within the Operating Territory of another Deer Solution Business, (ii) does not otherwise violate the restrictions set forth in Article 9.F of this Agreement, and (iii) in each instance Franchisee provides Franchisor with an Out of Territory Service Request that, in writing, is approved by Franchisor, Franchisee's Deer Solution Business may, on a non-exclusive basis, provide an Approved Services and Products to a customer within an Open Area. Franchisee must obtain Franchisor's approval in each and every instance and Franchisor may, in Franchisor's Reasonable Business Judgment, reject or disapprove of Franchisee's Out of Territory Service Request; and
(3) Once an Open Area becomes an Assigned Area, Franchisee shall cease communicating with customers previously serviced by Franchisee in the Open Area and Franchisee shall turnover to Franchisor, for the benefit of Franchisor, or another Deer Solution Business, all information and records related to the Approved Services and Products provided within the Open Area.
Nothing contained in this Article 3.J. shall expand either the non-exclusive franchise rights granted to franchisee in Article 2 of this Agreement or, Franchisee's Operating Territory and, in the event of any inconsistency or conflict between the terms of this Article 3.J. and Article 2, Article 2 shall take precedence and govern.
3.J. SERVICE VEHICLES
Franchisee shall purchase and/or lease, and exclusively use in the operations of the Franchised Business, only those Service Vehicles that meet Franchisor's brand standards and specifications and, that are approved by Franchisor. At all times, Franchisee shall maintain the Service Vehicles in a clean, safe, and well-maintained condition and shall operate same in accordance with all applicable laws, rules, and regulations. Franchisee may only offer and provide the Approved Services and Products using Service Vehicles approved by Franchisor and that meet Franchisor's brand standards and specifications.
3.K. CORPORATE ACCOUNTS
The license and rights granted to Franchisee in this Agreement are limited to, among other things, the Operating Territory, the grant of franchise rights set forth in Article 2.A. of this Agreement, and the reservation of rights set forth in Article 2.D. of this Agreement. Subject to the following terms and conditions and, Franchisee's compliance with same (hereinafter the "Corporate Account Rules"), Franchisee may provide Approved Services and Products on behalf of a Corporate Account location within Franchisee's Operating Territory:
Corporate Account Rules
- (1) Franchisee must be in compliance with the terms and conditions of this Agreement;
- (2) If Franchisor, in Franchisor's Reasonable Business Judgment, determines that Franchisee possesses the operational capacity and experience sufficient for performing the services on behalf of the Corporate Account, Franchisor shall submit to Franchisee a proposed Service Order (the "Service Order") to Franchisee disclosing that portion of the Approved Services and Products designated by Franchisor to be performed by Franchisee, the pricing related thereto, timing requirements, and other information determined to be relevant by Franchisor;
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to the 2025 Deer Solution Franchise Disclosure Document, several conditional statements could affect franchisees. For example, a Deer Solution franchisee may provide services outside of their territory under certain conditions. Specifically, this is allowed if it does not encroach on another franchisee's territory, doesn't violate the agreement's restrictions, and the franchisor approves a written Out of Territory Service Request. However, the franchisor retains the right to reject such requests based on their reasonable business judgment.
Additionally, if an open service area becomes an assigned area, the Deer Solution franchisee must stop communicating with customers they previously serviced in that area and transfer all related information and records to the franchisor or another franchisee. The FDD also states that the terms in Article 3.J do not expand the franchisee's non-exclusive rights granted in Article 2, and in case of conflict, Article 2 takes precedence.
Another condition relates to the Brand Development Fund. While Deer Solution aims to use the fund for advertising and marketing, it's not obligated to ensure that expenditures in any area are proportionate to the contributions from franchisees in that area. Franchisees are still required to contribute to the fund, regardless of whether they directly benefit from its use. The franchisor may also establish a council to advise on the fund's administration, but the franchisor ultimately makes the decisions.