Where are the state specific addendums contained within the Dryer Vent Squad FDD?
Dryer_Vent_Squad Franchise · 2024 FDDAnswer from 2024 FDD Document
[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]
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]
No entity or person listed in Items 1 and 2 of this Disclosure Document has, at any time during the previous 10 fiscal years (a) filed for bankruptcy protection, (b) been adjudged bankrupt, (c) been reorganized due to insolvency, or (d) been a principal, director, executive officer or partner of any other person that has so filed or was adjudged or reorganized, during or within one year after the period that the person held a position with the other person.
Hawaii FDD Amendment
Amendments to the Dryer Vent Squad Franchise Disclosure Document
Exhibit J "FDD Receipts," is supplemented with the addition of the following:
The Receipt for this Disclosure Document (Exhibit "J") is supplemented to add the following:
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- THIS FRANCHISE WILL BE/HAVE BEEN FILED UNDER THE FRANCHISE INVESTMENT LAW OF THE STATE OF HAWAII. FILING DOES NOT CONSTITUTE APPROVAL, RECOMMENDATION OR ENDORSEMENT BY THE DIRECTOR OF COMMERCE AND CONSUMER AFFAIRS OR A FINDING BY THE DIRECTOR OF COMMERCE AND CONSUMER AFFAIRS THAT THE INFORMATION PROVIDED HEREIN IS TRUE, COMPLETE AND NOT MISLEADING.
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- THE FRANCHISE INVESTMENT LAW MAKES IT UNLAWFUL TO OFFER OR SELL ANY FRANCHISE IN THIS STATE WITHOUT FIRST PROVIDING TO THE PROSPECTIVE FRANCHISEE, OR SUBFRANCHISOR, AT LEAST SEVEN DAYS BEFORE THE EXECUTION BY THE PROSPECTIVE FRANCHISEE, OF ANY BINDING FRANCHISE OR OTHER AGREEMENT, OR AT LEAST SEVEN DAYS BEFORE THE PAYMENT OF ANY CONSIDERATION BY THE FRANCHISEE, OR SUBFRANCHISOR, WHICHEVER OCCURS FIRST, A COPY OF THE DISCLOSURE DOCUMENT, TOGETHER WITH A COPY OF ALL PROPOSED AGREEMENTS RELATING TO THE SALE OF THE FRANCHISE.
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- THIS DISCLOSURE DOCUMENT CONTAINS A SUMMARY ONLY OF CERTAIN MATERIAL PROVISIONS OF THE FRANCHISE AGREEMENT AND THE CONTRACT OR AGREEMENT SHOULD BE REFERRED TO FOR A STATEMENT OF ALL RIGHTS, CONDITIONS, RESTRICTIONS AND OBLIGATIONS OF BOTH THE FRANCHISOR AND THE FRANCHISEE.
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.
[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]
Maryland FDD Amendment
Amendments to the Dryer Vent Squad Franchise Disclosure Document
Item 17, "Renewal, Termination, Transfer and Dispute Resolution," is supplemented, by the addition of the following:
- A. The general release required as a condition of renewal, sale, and/or assignment/transfer shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law.
- B. A Franchisee may bring a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law.
- C. Any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within three years after the grant of the franchise.
- D. In the event of a conflict of laws if required by the Maryland Franchise Registration and Disclosure Law, Maryland law shall prevail.
- E. The Franchise Agreement provides for termination upon bankruptcy. This provision may not be enforceable under federal bankruptcy law (11 U.S.C. Section 101, et seq.).
- F. All representations requiring prospective franchisees to assent to a release, estoppel or waiver of liability are not intended to nor shall they act as a release, estoppel or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law.
Michigan 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 FDD, state-specific addendums are located in Item 23, titled "Receipts." These addendums include modifications and disclosures required by state franchise laws, which may affect the franchisee's rights, obligations, and the terms of the Franchise Agreement. The FDD includes specific addendums for several states.
For instance, the FDD contains a Wisconsin FDD Amendment that supplements Item 17 regarding renewal, termination, transfer, and dispute resolution, noting that the Wisconsin Fair Dealership Law may affect the termination provision of the Franchise Agreement. Similarly, there are amendments for Hawaii, North Dakota, Virginia, and Washington, each addressing specific state laws and their potential impact on the franchise agreement. The Hawaii FDD Amendment addresses the Hawaii Franchise Investment Law, particularly concerning non-renewal, termination, and transfer rights.
Additionally, the FDD includes amendments for Illinois, Indiana, Maryland, and Michigan. The Illinois FDD Amendment specifies that Illinois law governs the Franchise Agreement and addresses venue, jurisdiction, and franchisee rights upon termination and non-renewal as set forth in the Illinois Franchise Disclosure Act. The Indiana FDD Amendment supplements Item 8 regarding restrictions on sources of products and services and Item 6 and 9 regarding other fees and franchisee's obligations, referencing specific sections of the Indiana Code. The Maryland FDD Amendment supplements Item 17, addressing issues such as releases, lawsuits, claim timelines, conflict of laws, termination upon bankruptcy, and waivers of liability under the Maryland Franchise Registration and Disclosure Law.
Prospective Dryer Vent Squad franchisees should carefully review these state-specific addendums to understand how the franchise agreement is modified by the laws of their particular state. This review is crucial for understanding their rights and obligations under the franchise agreement and relevant state laws, ensuring they are fully informed before investing in a Dryer Vent Squad franchise.