factual

Does the Aunt Millies Bakeries agreement specify what happens if a provision is found to be invalid?

Aunt_Millies_Bakeries Franchise · 2025 FDD

Answer from 2025 FDD Document

  • §12.9 NECESSARY MODIFICATION: In the event any provision of this Agreement is found to be invalid, contrary to, or in conflict with any applicable present or future law or regulation in a final ruling by any court, agency or tribunal possessing competent jurisdiction, this Agreement shall be deemed modified to the extent necessary

Source: Item 23 — RECEIPT (FDD pages 44–196)

What This Means (2025 FDD)

According to Aunt Millies Bakeries' 2025 Franchise Disclosure Document, the agreement addresses the scenario where a provision is found to be invalid. Specifically, the agreement states that if any provision is deemed invalid, contrary to, or in conflict with any applicable law or regulation by a competent court, agency, or tribunal, the agreement will be modified to the extent necessary to comply with the ruling.

This clause ensures that the entire agreement does not become void due to one invalid provision. Instead, the agreement remains in effect, with only the problematic provision being adjusted or removed to align with legal requirements. This is a fairly standard clause in franchise agreements, as it protects both the franchisor and franchisee from unforeseen legal challenges that could invalidate the entire contract.

For a prospective Aunt Millies Bakeries franchisee, this means that if a part of their franchise agreement is ever deemed unenforceable, the rest of the agreement will likely remain valid. However, it's important to understand how such modifications could affect their rights and obligations under the agreement. It would be prudent for a potential franchisee to seek legal counsel to fully understand the implications of this clause and how modifications might impact their specific circumstances.

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.