What happens if a provision of the Benjamin Franklin Plumbing agreement is deemed invalid?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
- 8.12 Severability of Provisions. Every part of this Agreement is severable and the invalidity or unenforceability of any part of this Agreement will not affect the validity or enforceability of any other part of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, the agreement contains a severability clause. This means that if any part of the agreement is found to be invalid or unenforceable, it will not affect the validity or enforceability of the remaining parts of the agreement.
This provision is fairly standard in franchise agreements. It protects the overall contract by ensuring that one problematic clause doesn't invalidate the entire agreement. For a Benjamin Franklin Plumbing franchisee, this means that even if a specific term is successfully challenged, the rest of the franchise agreement will remain in effect.
However, it's important to understand that the impact of a severed clause can still be significant. Depending on the nature of the clause, its removal could alter the balance of rights and obligations between Benjamin Franklin Plumbing and the franchisee. It is advisable to seek legal counsel to understand the implications of any specific clause being deemed invalid.