What state law governs the Deka Lash Franchise Agreement?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
The validity, construction and performance of this Assignment is governed by the laws of the State in which we are located (currently Utah).
ILLINOIS ADDENDUM TO THE AREA DEVELOPMENT AGREEMENT
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- Illinois law governs the agreements between the parties to this franchise.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, the validity, construction, and performance of the Assignment agreement is governed by the laws of the state in which DL Franchising, LLC is located, which is currently Utah. This applies to the Confidentiality and Non-Disclosure Agreement as well.
However, there is an exception for franchisees in Illinois. The Illinois Addendum to the Area Development Agreement states that Illinois law governs the agreements between the parties to the franchise if the terms of the Area Development Agreement are inconsistent with Illinois law.
For a prospective Deka Lash franchisee, this means that the governing law of the agreement may depend on the franchisee's location. Generally, Utah law will apply, but Illinois franchisees will have their agreements governed by Illinois law. Franchisees should be aware of which state's laws govern their agreement, as this can affect their rights and obligations under the franchise agreement.