In the event of a conflict between the Dq Treat agreement and the terms of an order, which controls?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event of any inconsistency between the provisions in this Agreement and any Exhibit, Work Order or incorporated web page, the terms of this Agreement shall prevail to the extent of any inconsistency. Notwithstanding any language to the contrary therein, no terms or conditions orally made to a Participating Location, or in any other Participating Location order documentation, or other written sales material, shall be incorporated into or form any part of this Agreement.
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)
According to Dq Treat's 2025 Franchise Disclosure Document, the terms of the Dq Treat Agreement take precedence over any inconsistencies found in exhibits, work orders, or incorporated web pages. This also includes any terms or conditions orally made to a Participating Location, or in any other Participating Location order documentation, or other written sales material. These will not be incorporated into or form any part of the Agreement.
This means that as a Dq Treat franchisee, you are bound by the written terms of the franchise agreement itself. Any promises or representations made verbally or in marketing materials are not legally binding unless they are explicitly included in the signed agreement or its official addenda. This protects both the franchisee and the franchisor by ensuring that the agreement is the definitive source of obligations and rights.
It is important for a prospective Dq Treat franchisee to carefully review the entire agreement and all attachments before signing. Any desired modifications or clarifications should be negotiated and included in writing as part of the agreement to ensure they are legally enforceable. Relying on verbal promises or marketing materials without written confirmation carries significant risk.