Does the provision regarding waivers and disclaimers in the Deka Lash franchise agreement supersede any other term of any document executed in connection with the franchise?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
the name.
Minnesota considers it unfair to not protect the franchisee's right to use the trademarks. Refer to Minnesota Statutes 80C.12, Subd. 1(g).
- Minnesota Rules 2860.4400(D) prohibits a franchisor from requiring a franchisee to assent to a general release.
- The franchisee cannot consent to the franchisor obtaining injunctive relief. The franchisor may seek injunctive relief. See Minn. Rules 2860.4400J.
Also, a court will determine if a bond is required.
The Limitations of Claims section must comply with Minnesota Statutes, Section 80C.17, Subd. 5.
No statement, questionnaire, or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including, fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed with the franchise.
FRANCHISEE
(Name of corporation, partnership, limited liability company or other legal entity or individually if blank)
Signature: Name: Title: Date: Signature: Name: Title: Date: Signature: Name: Title: Date: Signature: Name: Title: Date:
FRANCHISOR
DL Franchising, LLC d/b/a Deka Lash
| Signature: | |
|---|---|
| Name: | |
| Title: | |
| Date: | |
NORTH DAKOTA ADDENDUM TO THE FRANCHISE AGREEMENT
If any of the terms of the Franchise Agreement are inconsistent with the terms below, the terms below control
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- You are not required to sign a general release upon renewal of the franchise agreement.
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- The franchise agreement is amended to also provide as follows:
"Covenants not to compete are generally considered unenforceable in the State of North Dakota."
3.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, the franchise agreement includes provisions that address waivers and disclaimers, particularly concerning claims under state franchise laws. For franchisees in general, no statement, questionnaire, or acknowledgment signed in connection with starting the franchise can waive claims related to state franchise law or disclaim reliance on statements made by Deka Lash. This specific provision takes precedence over any other conflicting terms in any document associated with the franchise agreement. This protection ensures that franchisees retain their rights under applicable state franchise laws, regardless of any agreements they may sign during the initial phase of the franchise relationship.
For franchisees in Illinois, the Illinois Addendum to the Area Development Agreement reinforces this protection. It explicitly states that any term in the Area Development Agreement that attempts to waive compliance with the Illinois Franchise Disclosure Act or any other Illinois law is void. Furthermore, the Illinois addendum reiterates that no statement signed by a franchisee can waive claims under state franchise law or disclaim reliance on franchisor statements, and this provision supersedes any other term in any document related to the franchise. This ensures that Illinois franchisees are particularly safeguarded by Illinois state laws, regardless of conflicting terms in the franchise agreement.
Similarly, the Hawaii Addendum to the Area Development Agreement provides that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under any applicable state franchise law, including fraud in the inducement, or disclaiming reliance on any statement made by Deka Lash. This provision supersedes any other term of any document executed in connection with the franchise. These stipulations are designed to protect franchisees from inadvertently relinquishing their legal rights through standard documents or acknowledgments during the franchise commencement process. Prospective franchisees should carefully review these addenda and understand their rights within their specific state.