What warranties does Dq Treat require from the customer regarding compliance of promotional programs with applicable laws?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
- 12.2 Customer.
Customer further represents and warrants that: (i) it has the necessary rights to grant Punchh the rights and licenses granted hereunder; (ii) Customer has the right and authority to enter into and be bound by this Agreement; (iii) the Customer Content and Customer Marks, and the use thereof by Punchh as contemplated and authorized in this Agreement, do not and will not cause the infringement of Intellectual Property Rights of any third party; (iii) the Customer Content, and the use thereof as contemplated and authorized in this Agreement, does not and will not violate the publicity or privacy right of any third party, or defame any third party; and (iv) all Promotional Programs are in compliance with all Applicable Laws, and Customers has obtained any and all required consents and permissions that are necessary for Punchh to perform its obligations hereunder or for the collection or use of any Personal Data.
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, Dq Treat requires that the customer (licensee) warrants that all promotional programs are in compliance with all Applicable Laws. Additionally, the customer warrants that they have obtained any and all required consents and permissions that are necessary for Punchh to perform its obligations or for the collection or use of any Personal Data.
This means that as a Dq Treat franchisee, you are responsible for ensuring that any promotional activities you undertake adhere to all relevant legal requirements. This includes obtaining any necessary permissions or consents related to data collection or usage, especially concerning personal data.
Failure to comply with these warranties could lead to legal repercussions and liabilities for the franchisee. It is crucial for prospective franchisees to understand and adhere to these requirements to avoid potential legal issues and maintain a compliant business operation.