Does the Deka Lash franchise agreement include an integration/merger clause?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
| Provision | Section In Franchise Agreement | Summary |
|---|---|---|
| Protected Area or any other Protected Area we have granted (subject to applicable state law). | ||
| s. Modification of the agreement | 16 | No modifications unless the parties agree in writing, except to Operations Manual. Revisions to the Manual will not unreasonably affect the franchisee’s obligations, including economic requirements, under the Agreement. |
| t. Integration/merger clause | 18 | Only the terms in the franchise agreement are binding (subject to federal or state law). Any representations or promises made outside the disclosure document and franchise agreement may not be enforceable. No claim in any franchise agreement(s) is intended to disclaim the express representations made in this Franchise Disclosure Document. |
| u. Dispute resolution by arbitration or mediation | 19.9; Franchise Agreement, Sch. C | You must mediate and arbitrate claims against us (subject to applicable state law). |
| v. Choice of forum | 19.2 | All claims must be brought in Pittsburgh, Pennsylvania (subject to applicable state law). |
| w. Choice of Law | 19.1 | Pennsylvania law governs (subject to applicable state law). |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 49–54)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, the franchise agreement does include an integration/merger clause. This clause, as detailed in Item 17, Section 18 of the franchise agreement, specifies that only the terms outlined in the franchise agreement are legally binding, subject to federal or state law.
This means that any promises or representations made outside of the official Franchise Disclosure Document and the franchise agreement itself may not be enforceable. Deka Lash includes this clause to ensure clarity and prevent misunderstandings about the scope of the agreement. It protects both the franchisee and franchisor by limiting the agreement to what is written in the official documents.
For a prospective Deka Lash franchisee, this clause highlights the importance of carefully reviewing all terms and conditions within the franchise agreement and disclosure document. It also suggests that any additional agreements or promises should be formally documented within the franchise agreement to ensure they are legally binding. This is a fairly standard clause in franchise agreements across various industries.