edge_case

If a provision in the Aerus software license is declared void, what effect does this have on the other provisions?

Aerus Franchise · 2025 FDD

Answer from 2025 FDD Document

If any provision herein is declared to be void or unenforceable by a court of competent jurisdiction, such declaration will have no effect on the other provisions of this Software License, which will remain in effect and fully enforceable.

Source: Item 23 — Receipts (FDD pages 74–305)

What This Means (2025 FDD)

According to Aerus's 2025 Franchise Disclosure Document, if a court of competent jurisdiction declares any provision within the software license to be void or unenforceable, it will not impact the validity or enforceability of the remaining provisions. The other provisions of the Software License will continue to be effective and fully enforceable.

This clause is fairly standard in franchise agreements. It's designed to protect the overall agreement from being invalidated due to a problem with one specific part. This ensures that if one clause is successfully challenged, the rest of the agreement remains in force, providing clarity and stability for both Aerus and the franchisee.

For a prospective Aerus franchisee, this means that the entire software license agreement won't be thrown out if a single provision is found to be unenforceable. This offers a degree of security, as the core obligations and rights outlined in the remaining provisions will still apply. It is important for franchisees to understand their rights and obligations under the software license agreement, and to seek legal advice if they have any questions or concerns about its enforceability.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.