What is the relationship between the Deka Lash Franchise Agreement and the Addendum?

According to the 2024 Deka Lash Franchise Disclosure Document, the Addenda to the Franchise Agreement serve to amend or supersede any conflicting terms within the standard agreement. Specifically, state addenda take precedence over any inconsistent provisions in the Franchise Agreement if the franchisee is a resident of that state or if their franchise territory is located in that state (except for Virginia, where the addendum applies only if the territory is in Virginia). This ensures that the franchise agreement complies with specific state laws and regulations.

For prospective Deka Lash franchisees, this means that the standard Franchise Agreement is not the only document that governs their relationship with the franchisor. They must also carefully review any state-specific addenda to understand how the agreement is modified to comply with local laws. This is particularly important because some states have franchise laws that provide additional protections to franchisees, such as the right to cure certain breaches of the agreement or restrictions on termination.

For example, the California Addendum to the Franchise Agreement states that if any terms of the Franchise Agreement are inconsistent with the addendum, the terms of the addendum will control. As another example, the Illinois Addendum to the Area Development Agreement states that any condition that requires the franchisee to waive compliance with any provision of the Illinois Franchise Disclosure Act is void.

It is important for potential Deka Lash franchisees to carefully review all addenda applicable to their situation and to seek legal advice to fully understand their rights and obligations. This will help ensure that they are making an informed decision about investing in a Deka Lash franchise and that they are aware of any state-specific requirements that may affect their business.