If a provision in the Aerus Software License is declared void, what effect does this have on the remaining provisions?
Aerus Franchise · 2025 FDDAnswer 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 Aerus Software License to be void or unenforceable, this declaration will not impact the validity or enforceability of the remaining provisions in the license. This means that even if one part of the agreement is found to be invalid, the rest of the agreement remains in full effect.
This clause is fairly standard in franchise agreements. It protects the franchisor by ensuring that a single issue does not invalidate the entire agreement. For a prospective Aerus franchisee, this means that they can rely on the other provisions of the Software License, even if one provision is successfully challenged.
However, it is important to understand which provisions are essential and how the removal of one provision might affect the overall operation of the license. Franchisees should seek legal counsel to fully understand the implications of this clause and how it might affect their rights and obligations under the Aerus Software License and the broader Franchise Agreement.