Where can I find state-specific addendums related to the Dryer Vent Squad Franchise Agreement?
Dryer_Vent_Squad Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 23: RECEIPTS]
Illinois FDD Amendment
Amendments to the Dryer Vent Squad Franchise Disclosure Document
DISCLOSURE REQUIRED BY THE STATE OF ILLINOIS
Illinois law governs the Franchise Agreement.
In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However, a franchise agreement may provide for arbitration to take place outside of Illinois.
Franchisee's rights upon Termination and Non-Renewal are set forth in sections 19 and 20 of the Illinois Franchise Disclosure Act.
In conformance with section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
Indiana FDD Amendment
Amendments to the Dryer Vent Squad Franchise Disclosure Document
- Item 8, "Restrictions on Sources of Products and Services," is supplemented by the addition of the following:
Under Indiana Code Section 23-2-2.7-1(4), the franchisor will not obtain money, goods, services, or any other benefit from any other person with whom the franchisee does business, on account of, or in relation to, the transaction between the franchisee and the other person, other than for compensation for services rendered by the franchisor, unless the benefit is promptly accounted for, and transmitted by the franchisee.
- Item 6, "Other Fees" and Item 9, "Franchisee's Obligations", are supplemented, by the addition of the following:
The franchisee will not be required to indemnify franchisor for any liability imposed upon franchisor as a result of franchisee's reliance upon or use of procedures or products that were required by franchisor, if the procedures or products were utilized by franchisee in the manner required by franchisor. [Item 23: RECEIPTS]
NORTH DAKOTA FRANCHISE AGREEMENT AMENDMENT
Amendments to the Dryer Vent Squad Franchise Agreement:
In recognition of the North Dakota Franchise Investment Law, Section 51-19, the parties to the attached DVS Holdings, Inc. Franchise Agreement (the "Franchise Agreement") agree as follows:
The North Dakota Addendum is only applicable if you are a resident of North Dakota or if your Dryer Vent Squad Business will be located within the State of North Dakota.
[Item 23: RECEIPTS]
Virginia FDD Amendment
Amendments to the Dryer Vent Squad Franchise Disclosure Document
Item 17, "Renewal, Termination, Transfer and Dispute Resolution," Item 17(h) is supplemented by the addition of the following:
Under 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 grounds for default or termination stated in Dryer Vent Squad franchise agreement do 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.
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Washington FDD Amendment
Amendments to the Dryer Vent Squad Franchise Disclosure Document
In recognition of the Washington State Franchise Investment Protection Act, Chapter 19.100 RCW, the following amendments are made to the Franchise Disclosure Document:
In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW will prevail.
RCW 19.100.180 may supersede the franchise agreement in your relationship with the franchisor including the areas of termination and renewal of your franchise. There may also be court decisions which may supersede the franchise agreement in your relationship with the franchisor including the areas of termination and renewal of your franchise.
In any arbitration or mediation involving a franchise purchased in Washington, the arbitration or mediation site will be either in the State of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation. In addition, if litigation is not precluded by the franchise agreement, a franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.
[Item 23: RECEIPTS]
Wisconsin FDD Amendment
Amendments to the Dryer Vent Squad Franchise Disclosure Document
Item 17, "Renewal, Termination, Transfer and Dispute Resolution," Item 17 is supplemented by the addition of the following:
The Wisconsin Fair Dealership Law Title XIV-A Ch. 135, Section 135.01-135.07 may affect the termination provision of the Franchise Agreement.
STATE SPECIFIC AMENDMENTS TO FRANCHISE AGREEMENT
HAWAII FRANCHISE AGREEMENT AMENDMENT
Amendments to the Dryer Vent Squad Franchise Agreement:
In recognition of the requirements of the Hawaii Franchise Investment Law, the undersigned agree to the following modifications to DVS Holdings, Inc.Franchise Agreement (the "Franchise Agreement"), as follows:
- Sub-Article 14.C.(6). Sub-article 14.C.(6), under the Article section titled "Conditions for Approval of Transfer," is supplemented by the addition of the following language:
; provided, however, that all rights enjoyed by Franchisee and any causes of action arising in Franchisee's favor from the provisions of the Hawaii Franchise Investment Law, shall remain in force; it being the intent of this provision that the non-waiver provisions of the Hawaii Franchise Investment Law be satisfied; and
The Hawaii Franchise Investment Law provides rights to the franchisee concerning non-renewal, termination and transfer of the Franchise Agreement. If this Sub-article contains a provision that is inconsistent with the Hawaii Franchise Investment Law, the Hawaii Franchise Investment Law will control.
- Sub-Article 15.B.(8). Sub-article 15.B.(8), under the Article section titled "Conditions for Renewal," is supplemented by the addition of the following:
[Item 23: RECEIPTS]
Prospective franchisees are encouraged to consult private legal counsel to determine the applicability of California and federal laws (such as Business and Professions Code Section 20040.5, Code of Civil Procedure Section 1281, and the Federal Arbitration Act) to any provisions of a franchise agreement restricting venue to a forum outside the State of California.
- G. The franchise agreement requires application of the laws of the State of New Jersey. This provision may not be enforceable under California law.
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- Section 31125 of the California Corporations Code requires us to give you a disclosure document, in a form containing the information that the commissioner may by rule or order require, before a solicitation of a proposed material modification of an existing franchise.
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- You must sign a general release of claims if you renew or transfer your franchise. California Corporations Code Section 31512 voids a waiver of your rights under the Franchise Investment Law (California Corporations Code Sections 31000 through 31516).
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- Business and Professions Code Section 20010 voids a waiver of your rights under the Franchise Relations Act (Business and Professions Code Sections 20000 through 20043).
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- Item 6 "Other Fees," is supplemented by the addition of the following statement: "The highest interest rate allowed by law in the State of California is 10%."
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- The following URL address is for the franchisor's website: www.DryerVentSquad.com.
OUR WEBSITE HAS NOT BEEN REVIEWED OR APPROVED BY THE CALIFORNIA DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION. ANY COMPLAINTS CONCERNING THE CONTENT OF THIS WEBSITE MAY BE DIRECTED TO THE CALIFORNIA DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION AT www.dfpi.ca.gov.
Connecticut FDD Amendment
Amendments to the Dryer Vent Squad Franchise Disclosure Document
Source: Item 22 — CONTRACTS (FDD page 51)
What This Means (2024 FDD)
According to the 2024 Dryer Vent Squad Franchise Disclosure Document, state-specific addendums to the franchise agreement can be found in Item 23, titled "Receipts".
Item 23 includes amendments for several states, including Illinois, Indiana, North Dakota, Virginia, Washington, Wisconsin, Hawaii, and Connecticut. These addendums address specific legal requirements and modifications to the standard Dryer Vent Squad franchise agreement to comply with state laws. For example, the Illinois FDD Amendment notes that Illinois law governs the Franchise Agreement and includes stipulations regarding jurisdiction, venue, termination, and non-renewal rights as set forth in the Illinois Franchise Disclosure Act. The North Dakota Addendum specifies its applicability only to residents of North Dakota or Dryer Vent Squad businesses located within North Dakota.
These state-specific addendums are crucial for prospective franchisees as they outline how the franchise agreement is adapted to comply with local regulations. Franchisees should carefully review the addendum for their specific state to understand their rights and obligations under the law. Consulting with legal counsel is recommended to fully understand the implications of these state-specific amendments.