What happens to the Aunt Millies Bakeries agreement if a court finds a provision invalid?
Aunt_Millies_Bakeries Franchise · 2025 FDDAnswer 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's 2025 Franchise Disclosure Document, if a court, agency, or tribunal with the appropriate jurisdiction determines that any provision of the agreement is invalid, contrary to, or in conflict with any current or future law or regulation, the agreement will be modified. The modification will only extend to the degree necessary to address the conflict.
This clause ensures that the entire agreement does not become void due to a single unenforceable provision. Instead, the agreement remains in effect, but with the problematic section adjusted to comply with the relevant laws or regulations. This is a fairly standard clause in franchise agreements, as it protects both the franchisor and franchisee from unforeseen legal challenges.
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 is important to understand how such modifications could impact their rights and obligations under the franchise agreement. It would be prudent to seek legal counsel to fully understand the implications of this clause and any potential modifications that could arise.