Must modifications to the Deka Lash Area Development Agreement be in writing?

Question

Accepted Answer

|    |                                                                        | Section in        |                                                                                                                                                                                                                                                                                                                                                                                                                                 |
|----|------------------------------------------------------------------------|-------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|  |  | Area |  |
|  | Provision | Developme nt Agreement | Summary |
| g. | "Cause" defined – curable defaults | 6.2 | We may terminate the Area Development Agreement if you fail to meet your development obligations under the mandatory development Schedule and fail to cure the default within a 30-day cure period. This cure period will only be offered once during the term of your Area Development Agreement. |
| h. | "Cause" defined – non- curable defaults | 6.2 | We may terminate the Area Development Agreement if: (i) abandonment; (ii) insolvency; (iii) if you fail to meet your development obligations under the Development Schedule for any Development Period, and fail to cure such default within 30 days of receiving notice thereof; and (iv) if any Franchise Agreement that is entered into in order to fulfill your development obligations under this Agreement is terminated. |
| i. | Franchisee's obligations on termination/non-renewal | Not Applicable | Not Applicable. |
| j. | Assignment of contract by franchisor | 8 | No restrictions on our right to assign our rights under the Area Development Agreement to a person or entity who agrees to remain bound to its terms. |
| k. | "Transfer" by franchisee – defined | 8 | Any sale, transfer, or assignment of any of your rights under the Area Development Agreement. |
| I. | Franchisor's approval of transfer by franchisee | 8 | You may not transfer any rights or obligations under the Area Development Agreement. |
| m. | Conditions for franchisor's approval of transfer | Not Applicable | Not Applicable. |
| n. | Franchisor's right of first refusal to acquire franchisee's business | Not Applicable | Not Applicable. |
| Ο. | Franchisor's option to purchase franchisee's business | Not Applicable | Not Applicable. |
| p. | Death or disability of franchisee | Not Applicable | Not Applicable. |
| q. | Non-competition covenants during the term of the franchise | Not Applicable | Please see non-competition covenants set forth in your Franchise Agreement(s) entered into under the Area Development Agreement. |
| r. | Non-competition covenants after the franchise is terminated or expires | Not Applicable | Please see non-competition covenants set forth in your Franchise Agreement(s) entered into under the Area Development Agreement. |
| S. | Modification of the agreement | 10.6 | Any modification of the Area Development Agreement must be in writing and signed by both parties. |

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 49–54)

Must modifications to the Deka Lash Area Development Agreement be in writing?

Answer from 2024 FDD Document

What This Means (2024 FDD)

		Section in
		Area
	Provision	Developme nt Agreement	Summary
g.	"Cause" defined – curable defaults	6.2	We may terminate the Area Development Agreement if you fail to meet your development obligations under the mandatory development Schedule and fail to cure the default within a 30-day cure period. This cure period will only be offered once during the term of your Area Development Agreement.
h.	"Cause" defined – non- curable defaults	6.2	We may terminate the Area Development Agreement if: (i) abandonment; (ii) insolvency; (iii) if you fail to meet your development obligations under the Development Schedule for any Development Period, and fail to cure such default within 30 days of receiving notice thereof; and (iv) if any Franchise Agreement that is entered into in order to fulfill your development obligations under this Agreement is terminated.
i.	Franchisee's obligations on termination/non-renewal	Not Applicable	Not Applicable.
j.	Assignment of contract by franchisor	8	No restrictions on our right to assign our rights under the Area Development Agreement to a person or entity who agrees to remain bound to its terms.
k.	"Transfer" by franchisee – defined	8	Any sale, transfer, or assignment of any of your rights under the Area Development Agreement.
I.	Franchisor's approval of transfer by franchisee	8	You may not transfer any rights or obligations under the Area Development Agreement.
m.	Conditions for franchisor's approval of transfer	Not Applicable	Not Applicable.
n.	Franchisor's right of first refusal to acquire franchisee's business	Not Applicable	Not Applicable.
Ο.	Franchisor's option to purchase franchisee's business	Not Applicable	Not Applicable.
p.	Death or disability of franchisee	Not Applicable	Not Applicable.
q.	Non-competition covenants during the term of the franchise	Not Applicable	Please see non-competition covenants set forth in your Franchise Agreement(s) entered into under the Area Development Agreement.
r.	Non-competition covenants after the franchise is terminated or expires	Not Applicable	Please see non-competition covenants set forth in your Franchise Agreement(s) entered into under the Area Development Agreement.
S.	Modification of the agreement	10.6	Any modification of the Area Development Agreement must be in writing and signed by both parties.