How are the provisions of the Aw franchise agreement viewed in terms of severability?
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's provisions are considered severable. This means that each provision within the agreement is treated as independent of the others. Should a court of law find any single provision to be unenforceable or invalid, the remaining provisions of the agreement will still remain in full effect.
This severability clause is a standard legal protection for Aw. It prevents the entire agreement from being nullified due to a problem with just one part. For a franchisee, this means that even if they successfully challenge a specific clause, the rest of their franchise agreement with Aw will likely remain binding.
Additionally, the headings used in the Aw franchise agreement are for convenience only and do not impact the interpretation or construction of any provision. References to masculine, neuter, or singular usage should be construed to include the masculine, feminine, neuter, or plural, wherever applicable. This ensures that the agreement is interpreted broadly and fairly, regardless of specific wording choices.