In the Aw franchise agreement, how are the provisions of the agreement construed in relation to each other regarding their independence?
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 Aw's 2025 Franchise Disclosure Document, the franchise agreement specifies that its provisions are considered severable and will be construed as independent of each other. This means that if one part of the agreement is found to be unenforceable or invalid, the remaining parts will still be in effect. This is a fairly standard clause in franchise agreements.
This clause protects the overall validity of the agreement. For a prospective Aw franchisee, this means that a problem with one clause does not invalidate the entire agreement, providing some legal stability. However, it also means that Aw can enforce the remaining provisions even if one is successfully challenged.
Additionally, the headings used in the agreement are for convenience only and do not affect the interpretation or meaning of any provision. References to masculine, neuter, or singular usage should be construed to include masculine, feminine, neuter, or plural, wherever applicable. This ensures that the agreement is interpreted broadly and applies to all franchisees regardless of gender or business structure.