Which sections of the Precision Door Service franchise agreement are specifically amended by the addendum?
Precision_Door_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
et independently without reference to this Addendum. Signed on this ___________ day of _________________, 20__. FRANCHISEE: ______________________________________ ___________________________, individually Accepted as of the ________ day of ________________, 20__. FRANCHISOR: Precision Door Service SPV LLC BY: __________________________________
_____________________________, President
the North Dakota Franchise Investment Law, then the applicable provisions of the North Dakota Franchise
Investment Law shall apply."
ADDENDUM TO FRANCHISE AGREEMENT FOR RESIDENTS OF RHODE ISLAND
| This ADDENDUM TO FRANCHISE AGREEMENT is entered into by and between Precision | |
|---|---|
| Door Service SPV LLC, a Delaware limited liability company with an address of 2395 Washington Avenue, | |
| Suite 5, Titusville, Florida 32780 ("Franchisor") and, individually, with an address of | |
| ("Franchisee"). | |
| Agreement (the "Agreement") and wish to amend certain terms of the Agreement. This Addendum is being | WHEREAS, Franchisor and Franchisee have contemporaneously herewith entered into a Franchise |
| signed because (a) the offer or sale of the franchise for the Franchised Business that Franchisee will operate | |
| under the Agreement was made in the State of Rhode Island, and/or (b) Franchise is a resident of Rhode | |
| Island and the Franchised Business will be located in Rhode Island. | |
| which are hereby acknowledged, the Agreement is hereby amended as follows: | NOW, for and in consideration of good and valuable consideration, the receipt and sufficiency of |
| 1. | Notwithstanding anything to the contrary in the Agreement, in the event of a conflict |
| between the provisions of the Agreement and the provisions of this Addendum, the provisions of this | |
| Addendum shall control. The parties agree that the Agreement remains fully effective in all respects except | |
| as specifically modified herein, and all the respective rights and obligations of Franchisee and Franchisor | |
| remain as written unless modified herein. | |
| 2. | Section 14.G.1, Applicable Law and Waiver, and Section 14.H, Venue, are amended by |
| adding: | |
| Island or requiring the application of the laws of a state other than Rhode Island is void as to a claim | Any provision in the franchise agreement restricting jurisdiction or venue to a forum outside Rhode |
| otherwise enforceable under the Rhode Island Franchise Investment Act. | |
| 3. to such provision, that the jurisdictional requirements of the Rhode Island Franchise Investment Act (19 R.I. GEN. Addendum. | Each provision set forth in this Addendum shall be effective only to the extent, with respect LAWS §§ 19-28.1-1 through 19-28.1-34) are met independently without reference to this |
| Signed on this day of, 20 | FRANCHISEE: |
| , individually | |
| Accepted as of the day of, 20 | FRANCHISOR: Precision Door Service SPV LLC BY: , President |
DEVELOPMENT AGREEMENT STATE SPECIFIC ADDENDA
FOR THE STATE OF CALIFORNIA
This Addendum to the Development Agreement is entered to this day of, 20, between PRECISION DOOR SERVICE SPV LLC ("we", "us" or Franchisor") and ("you" or "Franchisee") to amend and revise the Development Agreement as follows: 1. the Development Agreement shall be amended as follows: In recognition of the requirements of the California Franchise Investment Law, Cal. Corp. Code §§31000-3516 and the California Franchise Relations Act, Cal. Bus. And Prof. Code §§20000-20043, a. Under California Corporations Code Section 31512, any condition, stipulation or provision purporting to bind any person acquiring a franchise to waive compliance with any provision of that law or any rule or order related to that law is void. b. federal bankruptcy law (11 U.S.C. Section 101, et seq.). Section 5.1 of the Development Agreement which terminates the Development Agreement upon the bankruptcy of the Franchisee may not be enforceable under c. Agreement; this covenant may not be enforceable under California law. Section 7.2 of the Development Agreement incorporates a covenant not to compete which extends beyond the expiration or termination of the Development d. event of a conflict of law, California Law will prevail. Section 13.1 of the Development Agreement is amended to provide that in the e. Section 13.2 of the Development Agreement requires litigation to be conducted in the State of Texas; the requirement may not be enforceable under California law. 2. Addendum shall govern. Each provision of this Addendum shall be effective only to the extent that the jurisdictional requirements of the California Investment Law and/or the California Franchise Relations Act are met independent of this Addendum. To the extent this Addendum shall be deemed to be inconsistent with any terms or conditions of said Development Agreement or exhibits or attachments thereto, the terms of this Addendum, understands and consents to be bound by all of its terms.
Source: Item 22 — Contracts (FDD pages 91–92)
What This Means (2025 FDD)
According to the 2025 Precision Door Service FDD, the franchise agreement can be amended in various sections depending on the specific addendum and the state in which the franchise is being offered or operated. For instance, in Rhode Island, Section 14.G.1, concerning Applicable Law and Waiver, and Section 14.H, addressing Venue, are amended by adding provisions that ensure compliance with the Rhode Island Franchise Investment Act. This means that any clause restricting jurisdiction or venue to a location outside of Rhode Island is void concerning claims enforceable under this Act.
Similarly, for franchisees in North Dakota, the addendum modifies several sections of the Development Agreement. Section 7.2 is amended to note that covenants not to compete are generally unenforceable in North Dakota. Additionally, Sections 13.1 and 13.2 are amended to ensure that North Dakota law governs the agreement and that any claims arising under the North Dakota Franchise Investment Law are litigated in North Dakota. Furthermore, Section 13.3, which pertains to the waiver of a jury trial, is entirely deleted, and Section 13.5 is amended to remove the waiver of the right to seek or recover punitive damages.
These state-specific addenda highlight Precision Door Service's effort to comply with local franchise laws, which can vary significantly from state to state. It is important for prospective franchisees to carefully review any addenda applicable to their specific state to understand how the standard franchise agreement is modified to comply with local regulations. These modifications can affect various aspects of the franchise relationship, including dispute resolution, governing law, and franchisee rights upon termination or non-renewal.