According to the Aw franchise agreement, how are its provisions deemed to be?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
- 19.2 Severability; Construction. The provisions of this Agreement are deemed to be severable. The parties agree that each provision of this Agreement will be construed as independent of any other provision of this Agreement. All headings of the various Sections and Paragraphs of this Agreement are for convenience only and do not affect the meaning or construction of any provision. All references in this Agreement to masculine, neuter or singular usage will be construed to include the masculine, feminine, neuter or plural, wherever applicable.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to the 2025 Aw Franchise Disclosure Document, the provisions within the franchise agreement are considered severable. This means that each provision is viewed as independent of the others. Should a court find any single provision unenforceable, the remaining provisions of the agreement will still remain in full effect.
Additionally, the headings used in the various sections and paragraphs of the agreement are included only for convenience and do not impact the interpretation or meaning of any provision. References to masculine, neuter, or singular usage should be interpreted to include the masculine, feminine, neuter, or plural, wherever applicable, ensuring that the agreement applies correctly regardless of the specific context or party involved.
This clause is a standard legal protection mechanism. It ensures that the entire agreement does not become invalid due to one faulty clause. Prospective Aw franchisees should understand that each part of the agreement stands on its own, and they are responsible for adhering to all enforceable aspects of the contract.