Can a court modify the non-competition restrictions in the Antioch Pizza Shop agreement?
Antioch_Pizza_Shop Franchise · 2025 FDDAnswer from 2025 FDD Document
9.3 Court Modification of Agreement**.** You agree that this form of Agreement is prepared for use in many jurisdictions with differing public policies and that such public policies change. Accordingly, you agree that the prevailing non-competition restrictions set forth above may be modified by a Court to the extent necessary to make the non-competition agreements valid and enforceable against you.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Antioch Pizza Shop's 2025 Franchise Disclosure Document, the franchise agreement acknowledges that non-competition restrictions may be modified by a court. Specifically, the agreement is designed to be used across different jurisdictions with varying public policies, which are also subject to change.
This means that a court may adjust the non-competition clauses to ensure they are valid and enforceable against the franchisee. This could involve narrowing the scope of the restrictions, such as reducing the geographic area or the duration of the non-compete period.
For a prospective Antioch Pizza Shop franchisee, this clause offers a degree of protection. If the non-competition terms are deemed overly broad or unreasonable by a court, they can be modified to be more fair. However, it also means that the franchisee cannot rely on the exact terms of the non-compete as written, since a court could potentially alter them. Franchisees should consult with legal counsel to understand how these restrictions might be interpreted and enforced in their specific jurisdiction.