What is the definition of the 'Agreement' according to the Maryland Rider for Desi District?
Desi_District Franchise · 2024 FDDAnswer from 2024 FDD Document
Delaware Limited Liability (the "Agreement"), between Desi District Franchise Group, LLC, a ("Desi District Franchise Group") and Company , a ("Franchisee"). 1. Definitions. Capitalized terms used but not defined in this Rider have the meanings given in the Agreement. The "Maryland Franchise Law" means Disclosure Law, Business Regulation Article, §14-206, Annotated Code of Maryland. the Maryland Franchise Registration and 2. Releases, Estoppels and Waivers of Liability. franchisees to assent to a release, estoppel or waiver of liability are not intended to nor shall they act as a release, estoppel or waiver of any liability incurred under the Maryland Franchise Law. All representations requiring prospective 3. Statute of Limitations. Any provision of the Agreement limitations for causes of action shall not apply to causes of action under the Maryland Franchise Law, Business Regulation Article, §14-227, Annotated Code of Maryland. Franchisee must bring an action under such law within three years after the grant of the franchise. which provides for a period of 4. Jurisdiction. Franchisee does not waive its right to file a lawsuit alleging a cause of action Maryland. arising under the Maryland Franchise Law in any court of competent jurisdiction in the State of 5. Effective Date. Agreed to by: This Rider is effective as of the Effective Date.
Source: Item 23 — RECEIPTS (FDD pages 52–140)
What This Means (2024 FDD)
According to the 2024 Desi District Franchise Disclosure Document, the "Agreement" in the Maryland Rider refers to the Delaware Limited Liability agreement between Desi District Franchise Group, LLC, and the franchisee. This definition is important because the Rider modifies specific terms of this agreement to comply with Maryland law.
Several provisions within the Maryland Rider address how the Agreement interacts with Maryland's franchise laws. For example, the rider states that any representations requiring prospective franchisees to assent to a release, estoppel, or waiver of liability do not act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Law. Additionally, any provision in the Agreement that limits the time frame for causes of action does not apply to causes of action under the Maryland Franchise Law, which allows a franchisee to bring an action within three years after the grant of the franchise.
Furthermore, the Maryland Rider clarifies that the franchisee does not waive their right to file a lawsuit alleging a cause of action arising under the Maryland Franchise Law in a competent court within Maryland. These stipulations ensure that franchisees operating in Maryland receive the full protection of Maryland's franchise laws, regardless of what the standard Desi District franchise agreement might otherwise state. The Rider is effective as of the Effective Date of the agreement.