Are there any violations of the Deer Solution Franchise Agreement that are not curable?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
| h. "Cause" defined-non-curable defaults | 16.A.(1), 16.A.(2) | The following are defaults that cannot be cured: three or more instances where you commit a curable default, whether or not you timely cured such default in each instance; you intentionally and knowingly refuse to comply with the terms of the Franchise Agreement, and/or the standards specifications, and/or requirements set forth in the operations manual and/or as communicated to you by us from time to time; you intentionally, knowingly, or negligently operate the Franchised Business in violation of applicable laws, rules, and regulations and, in doing so, create a foreseeable, imminent, and/or immediate threat to the health and safety of others; you abandon the Franchised Business; you or your Owners intentionally made a material statement or omission in questionnaires submitted to us; the data, information, and/or records that you record and/or submit to us are intentionally misleading or false; you transfer or attempt to transfer the Franchised Business or the ownership interests in your franchise company without our approval; you disclose or permit the disclosure of information contained in the operations manual and/or of confidential information; you or your Owners engage in intentionally dishonest or unethical conduct that impacts our System; you and/or your Owners breach and, if such breach is capable of a cure, fail to timely cure another agreement with us including the Owner and Spouse Agreement and Guaranty; you and your Owners and managers fail to complete, to our satisfaction, our initial and on-going training programs; you fail to notify us of the misuse of confidential information and you fail to protect same; you misappropriate or misuse the Licensed Marks; you are deemed insolvent, make an assignment for the benefit of creditors, admit in writing your inability to pay debts; are adjudicated bankrupt, file a voluntary bankruptcy petition or have one filed against you, and/or you acquiesce to the appointment of a trustee or receiver, or a court orders one; execution is levied against the Franchised Business; a final judgment is entered against the Franchised Business and is not satisfied within 30 days; you are dissolved; a lawsuit or action is commenced against the Franchised Business to foreclose on a lien on equipment of the Franchised Business and such action is not dismissed after 60 days; and/or real or personal property used by the Franchised Business is sold or levied by a sheriff or other law enforcement officer; you abandon or fail to continuously own and operate the Franchised Business. |
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Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 40–45)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, certain violations of the Franchise Agreement are considered non-curable defaults. These are serious breaches that Deer Solution does not allow franchisees to rectify.
The FDD specifies several scenarios that constitute non-curable defaults. These include committing three or more curable defaults, even if those defaults were previously addressed, intentionally refusing to comply with the Franchise Agreement or operational standards, and operating the franchise in violation of laws that pose a threat to public health and safety. Abandoning the franchise, making intentional misrepresentations to Deer Solution, falsifying records, or attempting to transfer the franchise without approval are also non-curable defaults.
Further, engaging in dishonest or unethical conduct that impacts the Deer Solution system, breaching another agreement with Deer Solution without timely curing it, failing to complete required training programs, failing to protect confidential information, misusing licensed marks, or facing insolvency or bankruptcy are all listed as non-curable defaults. Finally, if a judgment is entered against the franchise and not satisfied within 30 days, or if the franchisee abandons or fails to continuously operate the business, these are also considered non-curable violations that can lead to termination of the franchise agreement.
Prospective Deer Solution franchisees should carefully review these non-curable defaults to understand the types of actions that could lead to immediate termination of their franchise agreement. Understanding these terms is crucial for maintaining a successful and compliant Deer Solution franchise.