Does the Deka Lash Franchise Agreement include additional language beyond what is initially presented in the agreement?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
EXHIBIT F-5 CLOSING ACKNOWLEDGMENTS
Not to be used as to any franchise sale in or to residents of CA, HI, IL, IN, MD, MI, MN, NY, ND, RI, SD, VA, WA, WI]
Do not sign the Closing Acknowledgments if you are a resident of Maryland or the franchise is to be operated in Maryland.
DL FRANCHISING, LLC ("Deka Lash") ("we/us"), through the use of this Franchisee Closing Acknowledgement, desires clarify and confirm your understanding and acceptance of the terms of the agreements, to verify certain information about the sales process, and to confirm that we and our employees have complied with applicable franchise disclosure laws and have not authorized anything that may be untrue, inaccurate or misleading. We further desire to confirm that you fully understand that the purchase of a Deka Lash franchise is a business decision involving the evaluation of many risks. Our policy is to verify and confirm that in making your decision you are not relying upon any oral statement, representation, promise or assurance made during the negotiations for the purchase of a Deka Lash franchise by any of our directors, officers, employees, agents, or representatives (each, a "Representative") that is not specifically reported in our then-current Franchise Disclosure Document, including all of the exhibits attached to it (the "Franchise Disclosure Document"). Please review each of the following questions and statements and INITIAL ONLY IF YOU AGREE WITH SUCH. IF YOU DO NOT AGREE WITH THE FOLLOWING, DO NOT SIGN YOUR FRANCHISE AGREEMENT.
- I have personally and carefully reviewed the Franchise Disclosure Document and Deka Lash Franchise Agreement and understand the terms, conditions, and obligations of these agreements.
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").
The parties are entering into one or more Franchise Agreements. For value received, Franchisee hereby irrevocably assigns to Franchisor all listings associated with the Deka Lash franchise, including all telephone numbers, telephone listings, email addresses, domain names, social media accounts, Internet listings, websites, and comparable electronic identities used in connection with the Marks or the operation of the Franchised Business covered by the Agreement, whether now-existing or adopted by Franchisee in the future, (collectively "Listings").
As a condition to signing the Franchise Agreement(s), we have required that you assign all of your Listings relating to the Deka Lash Franchise(s) to us upon the expiration or termination of any of the Franchise Agreements.
SOUTH DAKOTA FEE DEFERAL AGREEMENT
The undersigned Franchisee hereby acknowledges and agrees that DL Franchising, LLC d/b/a Deka Lash has fulfilled its pre-opening obligations to the Franchisee as stated in Item 11 of the Deka Lash Franchise Disclosure Document, the Franchisee is now open for business, and the Franchisee hereby tenders to Deka Lash the initial franchise fee due and owing under its Franchise Agreement.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, several exhibits and addenda are referenced that contain additional terms and conditions which supplement the standard Franchise Agreement. These include items such as closing acknowledgments, telephone number and internet assignment agreements, and state-specific addenda.
The Closing Acknowledgments (Exhibit F-5) serve to confirm the franchisee's understanding and acceptance of the agreement terms, verify information about the sales process, and ensure compliance with franchise disclosure laws. This exhibit is not to be used for franchise sales to residents of certain states, including California, Hawaii, Illinois, and Maryland, among others. Franchisees must initial each statement within the acknowledgment to indicate their agreement; failure to agree means the Franchise Agreement should not be signed.
The Telephone Number & Internet Assignment Agreement (Exhibit F-2) stipulates that the franchisee irrevocably assigns all listings associated with the Deka Lash franchise to the franchisor, including telephone numbers, email addresses, domain names, social media accounts, and websites. This assignment is a condition of signing the Franchise Agreement and takes effect upon the expiration or termination of the Franchise Agreement. There is also a South Dakota Fee Deferral Agreement that acknowledges that Deka Lash has fulfilled its pre-opening obligations to the Franchisee as stated in Item 11 of the Deka Lash Franchise Disclosure Document, the Franchisee is now open for business, and the Franchisee hereby tenders to Deka Lash the initial franchise fee due and owing under its Franchise Agreement.
These additional documents ensure that franchisees understand their obligations, confirm the transfer of digital assets to Deka Lash, and address specific legal requirements or conditions, thereby providing a more complete contractual framework than the initial Franchise Agreement alone.