According to the Dq Treat FDD, what does 'Applicable Laws' encompass?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. The Plans provided by ADQ are per Minnesota code and may not comply with specific state and local requirements throughout the country. IT IS THE LICENSEE'S RESPONSIBILITY TO VERIFY THE COMPLIANCE OF THESE PLANS WITH LOCAL, STATE AND FEDERAL LAWS AND BUILDING CODE REQUIREMENTS AND TO REVISE THE PLANS ACCORDINGLY. THE COST TO REVISE SUCH PLANS IS TO BE BORNE BY THE LICENSEE.
- C. Under the Americans with Disabilities Act ("Act"), certain handicap accessibility requirements are placed on any "person" who owns, leases, leases to, or operates a place of public accommodation. As an owner, lessor, or operator of a restaurant, ADQ Licensees are liable for failures to accommodate disabled people as provided for in the Act. While ADQ employs its best efforts to see that all plans prepared by it comply with the ADA Accessibility Guidelines, it is not an insurer of and does not guarantee compliance, and cannot be responsible for failures by Licensees, their architects, or their contractors to construct buildings that comply with the Act. Consequently, you are advised to seek your own legal counsel in regard to ADA Accessibility Compliance and to ensure that the contractors with whom you work are aware, knowledgeable about, and committed to producing buildings in compliance with the Act.
Section 19-28.1-14 of the Rhode Island Franchise Investment Act provides that: "A provision in a franchise agreement restricting jurisdiction or venue to a forum outside this state or requiring the application of the laws of another state is void with respect to a claim otherwise enforceable under this Act."
Pursuant to Section 13.1-564 of the Virginia Retail Franchising Act, it is unlawful for a franchisor to cancel a franchise without reasonable cause. If any ground for default or termination stated in the franchise agreement does not constitute "reasonable cause," as that term may be defined in the Virginia Retail Franchising Act or the laws of Virginia, that provision may not be enforceable.
These Terms and the Sales Order/Purchase Order will be construed in accordance with, and all disputes will be governed by, the laws of the State of Delaware, United States of America, without regard to its conflict of laws principles or rules.
Source: Item 17 — The following paragraph is added to the end of Item 17 of the Disclosure Document: (FDD pages 70–378)
What This Means (2025 FDD)
Based on the 2025 Dq Treat Franchise Disclosure Document, the term 'Applicable Laws' is referenced in several contexts, primarily concerning compliance and legal obligations of the franchisee.
Specifically, franchisees are responsible for verifying that building plans comply with local, state, and federal laws and building code requirements. This includes ensuring compliance with the Americans with Disabilities Act (ADA) regarding handicap accessibility. Dq Treat advises franchisees to seek their own legal counsel regarding ADA compliance and to ensure their contractors are knowledgeable about and committed to constructing buildings in compliance with the Act.
Additionally, the franchise agreement includes provisions regarding governing law, specifying that the laws of Delaware will govern the interpretation and disputes related to the agreement, excluding conflict of law principles. The agreement also addresses potential conflicts with state-specific franchise laws, such as those in Rhode Island and Virginia, ensuring that franchisees' rights under those state laws are not waived or restricted by the franchise agreement.