What constitutes the entire agreement between the parties regarding a Dq Treat franchise?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
15. GENERAL PROVISIONS.
- 15.1 Severability. Should one or more clauses of this agreement be held to be void or unenforceable for any reason by any court of competent jurisdiction, such clause or clauses are deemed to be separable in such jurisdiction and the remainder of this agreement is deemed valid and in full force and effect and the terms of this agreement will be equitably adjusted so as to compensate the appropriate party for any consideration lost because of the elimination of such clause or clauses. It is the intent and expectation of each of the parties that each provision of this agreement will be honored, carried out and enforced as written. Consequently, each of the parties agrees that any provision of this agreement sought to be enforced in any proceeding hereunder shall, at the election of the party seeking enforcement and notwithstanding the availability of an adequate remedy at law, be enforced by specific performance or any other equitable remedy.
- 15.2 Waiver; Integration. No waiver by Com
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 FDD, section 15.2 covers the integration of the franchise agreement. It states that there are no waivers by the company unless they are provided in writing. This means that any verbal agreements or promises made by Dq Treat that are not documented in writing are not legally binding.
Furthermore, this section confirms that the franchise agreement contains the entire agreement between the franchisee and Dq Treat. This clause is designed to prevent disputes based on claims that were not included in the written contract. It reinforces the importance of ensuring all terms and conditions are clearly documented and agreed upon in the written agreement.
As a prospective Dq Treat franchisee, it is crucial to understand that the written franchise agreement is the ultimate authority on the terms of the relationship. Any discussions or understandings reached during the negotiation process should be formalized in writing and included in the agreement to ensure they are enforceable. This protects both the franchisee and franchisor by providing clarity and certainty regarding their respective rights and obligations.