Has Section 12.B, Termination By Us, been amended in the Precision Door Service franchise agreement?
Precision_Door_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
to the following provisions:
- A. Severability. Should one or more clauses of this Agreement be held void or unenforceable for any reason by any court of competent jurisdiction, such clause or clauses will be deemed to be separable in such jurisdiction and the remainder of this Agreement is valid and in full force and effect and the terms of this Agreement must be equitably adjusted so as to compensate the appropriate party for any consideration lost because of the elimination of such clause or clauses. It is the intent and expectation of each party that each provision of this Agreement will be honored, carried out and enforced as written. Consequently, each party agrees that any provision of this Agreement sought to be enforced in any proceeding must, at the election of the party seeking enforcement and notwithstanding the availability of an adequate remedy at law, be enforced by specific performance or any other equitable remedy.
- B. Waiver/Integration/Amendments. No waiver by us of any breach by you, nor any delay or failure by us to enforce any provision of this Agreement, may be deemed to be a waiver of any other or subsequent breach or be deemed a bar or an estoppel to enforce our rights with respect to that or any other or subsequent breach. Subject to our rights to modify the Operations Manual and/or standards and as otherwise provided herein, this Agreement may not be waived, altered or rescinded, in whole or in part, except by a writing signed by you and us. This Agreement together with
Source: Item 22 — Contracts (FDD pages 91–92)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, it is not possible to determine definitively whether Section 12.B, Termination By Us, of the Precision Door Service franchise agreement has been amended. While Item 22 discusses various contract-related aspects, including amendments and state-specific addenda, it does not explicitly address amendments to Section 12.B.
Item 22 includes general statements about amendments, noting that the agreement may not be waived, altered, or rescinded except in writing signed by both parties. It also mentions state-specific addenda that amend the Development Agreement for states like California, Illinois, Maryland, and Minnesota, addressing specific legal requirements within those states. These addenda cover topics such as compliance with franchise laws, non-compete covenants, and dispute resolution.
To determine whether Section 12.B has been specifically amended, a prospective Precision Door Service franchisee should directly ask the franchisor for clarification. Specifically, they should request a complete and current copy of the franchise agreement, including all addenda and amendments, and then carefully review Section 12.B to identify any changes. Additionally, they should consult with a franchise attorney to ensure they fully understand the implications of any amendments.