In the Aw franchise agreement, how are the provisions of the agreement construed in relation to each other?
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 FDD, the provisions within Aw's franchise agreement are considered severable and independent of each other. This means that if one part of the agreement is found to be unenforceable, it does not automatically invalidate the entire agreement. Each provision stands on its own.
Additionally, the headings used in the various sections and paragraphs of the Aw franchise agreement are included for convenience only. These headings do not impact the interpretation or meaning of any specific provision within the agreement. The agreement also clarifies that references to masculine, neuter, or singular usage should be interpreted to include masculine, feminine, neuter, or plural forms, as applicable.
This clause is fairly standard in franchise agreements. The severability clause protects the overall contract if some minor provision is later deemed unenforceable. The clarification about headings prevents parties from arguing that a heading somehow changes the meaning of the text underneath it. The gender and number clause is a standard legal boilerplate.