What are the Deka Lash franchisee's obligations regarding compliance with laws and regulations (Item 9) and how does this relate to the restrictions on permitted uses of the franchise premises (Item 12)?
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.
What This Means (2024 FDD)
According to Deka Lash's 2024 Franchise Disclosure Document, franchisees must comply with all federal, state, and local ordinances, regulations, bylaws, laws, and statutes applicable to their franchised operation. This includes, but is not limited to, regulations related to health, safety, discrimination, employment, OSHA, the Americans with Disabilities Act, chemical handling, fire code, waste disposal, health & sanitation, hazardous materials, copyright laws, consumer protection, trade regulations, the 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 applicable to their services, studio, and industry. Franchisees are responsible for securing all necessary permits, certificates, licenses, and consents to operate their business and are urged to investigate these laws and regulations before becoming a franchisee, with a recommendation to consult with their attorney about laws and regulations that may affect their Franchised Business.
Regarding restrictions on the use of the premises, Item 12 is not detailed in the provided excerpts. However, Item 16 states that franchisees may only offer for sale in their studio the products and services that Deka Lash has approved in writing. Deka Lash may designate products or services as optional or mandatory, and franchisees must maintain an inventory supply sufficient to meet the standards of the Deka Lash manual. Franchisees may not sell any goods or services that Deka Lash has not authorized or approved, and they are required to sell all goods or services that Deka Lash authorizes unless prohibited by applicable local law or approved by Deka Lash.
The obligation to comply with laws and regulations directly impacts the permitted uses of the franchise premises. Franchisees must ensure that all services and products offered, and all aspects of the studio's operation, adhere to relevant laws and regulations. For example, compliance with health and sanitation regulations will dictate how services are performed and what products can be used. Similarly, adherence to the Americans with Disabilities Act will influence the physical layout and accessibility of the premises.
Prospective franchisees should seek clarification from Deka Lash regarding specific restrictions on the use of the premises outlined in Item 12 and how these restrictions intersect with the obligation to comply with all applicable laws and regulations. Understanding these obligations and restrictions is crucial for ensuring the successful and compliant operation of a Deka Lash franchise.