Does Deka Lash assume liability for the franchisee's choice of site for their franchise?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
The terms and conditions of this Addendum shall amend, supersede, replace, and control over any conflicting or inconsistent terms and conditions in the Lease; except as modified in this Addendum, all other terms and conditions of the Lease shall remain unmodified and in full force and effect.
LANDLORD:
EXHIBIT F-2 TELEPHONE NUMBER & INTERNET ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT is made between DL Franchising, LLC d/b/a Deka Lash, ("we," "us," or "our") and the franchisee named below ("you" or "your").
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
The 2024 Deka Lash Franchise Disclosure Document does not explicitly state that Deka Lash assumes liability for a franchisee's choice of site. While the document includes various agreements and acknowledgements related to franchise operations, fees, and obligations, it does not contain any clauses that address Deka Lash taking on liability for site selection.
However, the FDD does include an addendum that modifies lease terms, suggesting Deka Lash may have some involvement in the site selection process. Additionally, the franchise agreement includes a general release, where the franchisee releases Deka Lash from claims related to the Franchise Agreement or the Deka Lash studio. This release does not specifically mention site selection liability, but it broadly covers potential claims.
A prospective franchisee should seek clarification from Deka Lash regarding their role in site selection and whether Deka Lash provides any guidance or approval for potential locations. It would be prudent to consult with a legal professional to understand the full scope of the release and its implications for potential site-related issues. Understanding Deka Lash's site selection process and any support they offer is crucial for minimizing risks associated with location choice.