If a provision of the Aunt Millies Bakeries agreement is found to be invalid, how is the agreement affected?
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' 2025 Franchise Disclosure Document, if any provision of the agreement is deemed invalid due to conflict with any applicable law or regulation by a competent court, agency, or tribunal, the agreement will be modified to the extent necessary.
This means that rather than the entire agreement being voided, the specific clause found to be invalid will be adjusted or removed to comply with the conflicting law or regulation. The rest of the agreement will remain in effect. This is a fairly standard clause in franchise agreements, designed to preserve the overall contract as much as possible.
For a prospective Aunt Millies Bakeries franchisee, this clause offers some protection. It ensures that a single legal challenge to one part of the agreement won't necessarily invalidate the entire franchise relationship. However, it's important to understand that the modification will be to the extent necessary to comply with the law, which could potentially alter the franchisee's rights or obligations under that specific provision.