To what extent will partially valid provisions of the Beauty Bungalows franchise agreement be enforced?
Beauty_Bungalows Franchise · 2025 FDDAnswer from 2025 FDD Document
- 18.04 Severability.
If any part of this Agreement, for any reason, is declared invalid by an arbitrator or court, the declaration will not affect the validity of any remaining portion.
The remaining portion will remain in force and effect as if this Agreement were executed with the invalid portion eliminated or curtailed.
All partially valid and enforceable provisions shall be enforced to the extent that they are valid and enforceable.
Source: Item 22 — CONTRACTS (FDD pages 47–48)
What This Means (2025 FDD)
According to Beauty Bungalows's 2025 Franchise Disclosure Document, the franchise agreement contains a severability clause. This means that if a court or arbitrator finds any part of the agreement to be invalid, that finding will not automatically invalidate the entire agreement. Instead, the remaining portions of the agreement will stay in effect as if the invalid part had been removed or limited.
Specifically, Beauty Bungalows states that all provisions that are partially valid and enforceable will be enforced to the extent that they are valid and enforceable. This suggests that Beauty Bungalows intends to pursue enforcement of the agreement as much as possible, even if some parts are deemed unenforceable.
This clause is fairly standard in franchise agreements. It aims to protect the overall agreement from being thrown out due to a single problematic clause. However, franchisees should be aware that even if a provision is only partially enforceable, Beauty Bungalows may still attempt to enforce it to the fullest extent allowed by law. Franchisees should seek legal counsel to understand their rights and obligations under the agreement, especially if they believe a particular provision might be invalid or unenforceable in their jurisdiction.