Is each covenant in the Guaranty for Better Blend considered independent of other covenants?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
Guarantor agrees that each of the foregoing covenants is independent of any other covenant or provision of this Guaranty or the Franchise Agreement.
If all or any portion of the covenants in this Section is held to be unenforceable or unreasonable by any court or arbitrator, then the parties intend that the court or arbitrator modify such restriction to the extent reasonably necessary to protect the legitimate business interests of BBF.
Guarantor agrees that the existence of any claim it or Franchisee may have against BBF shall not constitute a defense to the enforcement by BBF of the covenants of this Section.
If Guarantor fails to comply with the obligations under this Section during the restrictive period, then the restrictive period will be extended an additional day for each day of noncompliance.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, each covenant within the Guaranty is considered independent of any other covenant or provision in the Guaranty or the Franchise Agreement. This means that if one part of the Guaranty is found to be unenforceable, it does not automatically invalidate the rest of the agreement.
This independence clause is further reinforced by the provision that if a court or arbitrator finds any part of the covenants unenforceable or unreasonable, they are intended to modify the restriction only to the extent necessary to protect Better Blend's legitimate business interests. This ensures that the core protections for Better Blend remain intact as much as possible.
Furthermore, the Guarantor agrees that any claim they or the franchisee might have against Better Blend does not serve as a defense against Better Blend's enforcement of the covenants within the Guaranty. This clause is designed to prevent the guarantor from avoiding their obligations under the guaranty based on separate disputes or claims. If the guarantor fails to meet their obligations during the restrictive period, that period will be extended by one day for each day of noncompliance, adding another layer of enforcement.