What is the Deka Lash franchisee's responsibility regarding permits and licenses?
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.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, franchisees are responsible for securing all necessary permits, certificates, licenses, and consents required to operate their Deka Lash business. This includes identifying and complying with all applicable federal, state, and local ordinances, regulations, bylaws, laws, and statutes related to their franchised operation. These regulations span various areas, including health, safety, discrimination, employment, OSHA, the Americans with Disabilities Act, chemical handling, fire code, waste disposal, health and sanitation, hazardous materials, copyright laws, consumer protection, trade regulations, the Federal Trade Commission, workers' compensation, unemployment insurance and withholding, payment of federal, state, and local income taxes, social security taxes, sales taxes, use taxes, property taxes, and all licensing regulations applicable to their services, studio, and the beauty industry.
The FDD emphasizes that it is the franchisee's duty to thoroughly investigate and comply with all permits, certificates, consents, regulations, and licensing requirements imposed by federal, state, city, or local authorities. Deka Lash urges prospective franchisees to investigate these laws and regulations before becoming a franchisee and explicitly states that they do not assume any responsibility for advising franchisees on these regulatory matters. Franchisees are encouraged to consult with their attorney regarding laws and regulations that may affect their Deka Lash Franchised Business.
This allocation of responsibility is standard in the franchise industry, where franchisees, as independent business owners, are typically accountable for adhering to local laws and regulations. The franchisee's responsibility extends not only to obtaining the initial permits and licenses but also to maintaining compliance throughout the term of the franchise agreement. Failure to comply with these regulations can result in fines, penalties, or even the closure of the business, highlighting the importance of thorough due diligence and ongoing compliance efforts.