Under what condition regarding bankruptcy might Dq Treat's termination of the Franchise Agreement be unenforceable?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
ADDENDUM TO OPERATING AGREEMENT FOR THE STATE OF MARYLAND
This Addendum will pertain to franchises sold in the State of Maryland and will be for the purpose of complying with Maryland statutes and regulations. Notwithstanding anything that may be contained in the body of the Operating Agreement to the contrary, the following will apply to franchises offered and sold under the laws of the State of Maryland:
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- Company's termination of the Operating Agreement because of your bankruptcy may not be enforceable under applicable federal law (11 U.S.C.A. 101 et seq.)
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, specifically the addendum for the state of Maryland, Dq Treat's ability to terminate the Operating Agreement due to a franchisee's bankruptcy may not be enforceable under applicable federal law. This is in reference to 11 U.S.C.A. 101 et seq., which governs bankruptcy proceedings in the United States.
This provision is important for prospective Dq Treat franchisees in Maryland because it suggests that federal bankruptcy laws could override the standard termination clauses in the Operating Agreement. Typically, franchise agreements allow the franchisor to terminate the agreement if the franchisee declares bankruptcy. However, this addendum indicates that such termination may not be automatically enforceable in Maryland due to federal protections afforded to businesses undergoing bankruptcy.
This means that if a Dq Treat franchisee in Maryland files for bankruptcy, they might have additional legal protections against immediate termination of their franchise agreement. The franchisee may be able to continue operating the franchise while undergoing bankruptcy proceedings, subject to federal bankruptcy court decisions. This clause provides an added layer of security for franchisees in Maryland facing financial difficulties, as it prevents Dq Treat from potentially terminating the agreement solely based on the bankruptcy filing, allowing for a chance to reorganize and continue the business.