Is a Deka Lash franchisee responsible for identifying all laws applicable to their franchised operation?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
6.15 Laws and Regulations.
- A.
Compliance with Laws.
You agree to comply with all federal, state, and local ordinances, regulations, bylaws, laws, and statutes.
It is your responsibility to identify and comply with any and all ordinances, regulations, bylaws, laws and statutes applicable to your franchised operation, including but not limited to health, safety, discrimination, employment, OSHA, Americans with Disabilities Act, employment, chemical handling, fire code, waste disposal, health & sanitation, hazardous materials, copyright laws protecting owners of artistic works, consumer protection, trade regulations, Federal Trade Commission, workers compensation, unemployment insurance & withholding, payment of federal, state & local income taxes, social security taxes, sales taxes, use taxes, property taxes and all licensing regulations as applicable to your services, studio and this industry.
- B.
Regulations and/or Licensing Requirements.
You agree to secure all necessary permits, certificates, licenses, and consents to operate your business.
It is your responsibility to thoroughly ascertain, comply and investigate which permits, certificates, consents, regulations and/or licensing requirements the federal, state, city or locality imposes.
We urge you to investigate these laws and regulations before becoming our franchisee.
We do not assume any responsibility for advising you on these regulatory matters.
You should consult with your attorney about laws and regulations that may affect your Franchised Business.
- C. Data Protections. You will: (i) comply with all applicable data protection laws; (ii) comply with all of our requirements regarding the data protection laws contained in the Operations Manual or otherwise; (iii) refrain from any action or inaction that could cause us or our affiliates to breach any applicable data protection law; (iv) do and execute, or arrange to be done and executed, each act, document and thing necessary or desirable to keep us and our affiliates in compliance with any applicable data protection law; (v) reimburse us and our affiliates for any and all costs incurred in connection with your breach of any data protection laws; and (vi) permit us and our affiliates to use any data or other information each of them gathers concerning you in connection with the establishment and operation of franchised and company owned locations by us or our affiliates.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to Deka Lash's 2024 Franchise Disclosure Document, franchisees are responsible for identifying and complying with all laws applicable to their Deka Lash franchise. Specifically, the franchisee must adhere to all federal, state, and local ordinances, regulations, bylaws, laws, and statutes relevant to their franchised operation. This includes, but is not limited to, laws pertaining to health, safety, discrimination, employment, OSHA, the Americans with Disabilities Act, chemical handling, fire code, waste disposal, health and sanitation, hazardous materials, copyright, consumer protection, trade regulations, the Federal Trade Commission, workers' compensation, unemployment insurance and withholding, and various tax and licensing regulations.
This responsibility extends to securing all necessary permits, certificates, licenses, and consents required to operate the Deka Lash business. Deka Lash urges prospective franchisees to thoroughly investigate these laws and regulations before becoming a franchisee and recommends consulting with an attorney regarding laws and regulations that may affect the Franchised Business. Deka Lash explicitly states that they do not assume any responsibility for advising franchisees on these regulatory matters.
Furthermore, the franchisee is responsible for compliance with all applicable data protection laws, as well as any requirements outlined in the Operations Manual or otherwise communicated by Deka Lash. The franchisee must avoid any actions that could cause Deka Lash or its affiliates to breach data protection laws and must take all necessary steps to ensure compliance. The franchisee is also liable for reimbursing Deka Lash and its affiliates for any costs incurred due to a breach of data protection laws.