If a provision of the All Dogs Unleashed franchise agreement is invalid, does it affect the other provisions?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
I agree that each of the foregoing covenants shall be construed as independent of any other covenant or provision of this Guaranty.
If all or any portion of a covenant in this Guaranty is held unreasonable or unenforceable by a court or agency having valid jurisdiction in an un-appealed final decision to which Franchisor is a party, I expressly agree to be bound by any lesser covenant subsumed within the terms of such covenant that imposes the maximum duty permitted by law, as if the resulting covenant were separately stated in and made a part of this Guaranty.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to the 2025 All Dogs Unleashed Franchise Disclosure Document, the agreements within the franchise agreement are designed to be independent. Specifically, if a portion of a covenant is deemed unenforceable by a court, the franchisee agrees to be bound by a lesser covenant within the original terms, imposing the maximum duty permitted by law. This ensures that as much of the original agreement as possible remains in effect.
This clause protects All Dogs Unleashed by ensuring that the entire agreement isn't invalidated due to one unenforceable provision. It allows for the enforcement of a modified, legally sound version of the original intent. For a potential franchisee, this means that even if a specific part of the agreement is challenged and found invalid, other parts of the agreement will likely remain in force, and a modified version of the challenged clause will be applied.
This approach is fairly common in franchise agreements. It demonstrates an effort to maintain the overall integrity and enforceability of the contract while adapting to legal challenges. Prospective All Dogs Unleashed franchisees should understand that this clause aims to uphold the core obligations and responsibilities outlined in the agreement, even if specific details are altered due to legal constraints.