What sections of The Standardx Franchise Agreement are modified by the addition of language regarding liquidated damages, according to the North Dakota Rider?
The_Standardx Franchise · 2025 FDDAnswer from 2025 FDD Document
The following language is added to the end of the "Remarks" column of the rows in the Item 6 chart of the Franchise Disclosure Document, titled "Royalty fee upon termination," "Liquidated damages upon condemnation," and "Liquidated damages upon termination":
The Commissioner has determined termination or liquidated damages to be unfair, unjust and inequitable within the intent of Section 51-19-09 of the North Dakota Franchise Investment Law. However, we and you agree to enforce these provisions to the extent the law allows.
Source: Item 18 — OTHER INCOME (LOSS), NET (FDD pages 187–399)
What This Means (2025 FDD)
According to The Standardx's 2025 Franchise Disclosure Document, the North Dakota Rider modifies specific sections related to liquidated damages within the franchise agreement. Specifically, the rider includes language that the Commissioner has determined termination or liquidated damages to be unfair, unjust, and inequitable under North Dakota Franchise Investment Law. However, The Standardx and the franchisee agree to enforce these provisions to the extent the law allows.
Additionally, the North Dakota Rider modifies the "Remarks" column of the Item 6 chart of the Franchise Disclosure Document, specifically addressing "Royalty fee upon termination," "Liquidated damages upon condemnation," and "Liquidated damages upon termination." This indicates that the standard terms regarding these fees and damages are subject to the stipulations within the North Dakota Rider, potentially limiting their enforceability.
Prospective franchisees in North Dakota should carefully review the North Dakota Rider in conjunction with Item 6 and other relevant sections of the Franchise Agreement to fully understand the implications of these modifications. They should also seek legal counsel to ensure they understand their rights and obligations under North Dakota law.