factual

What happens if a provision of the Better Blend General Release is held invalid?

Better_Blend Franchise · 2024 FDD

Answer from 2024 FDD Document

  • **4.

Miscellaneous.** If any of the provisions of this Release are held invalid for any reason, the remainder of this Release will not be affected and will remain in full force and effect.

In the event of any dispute concerning this Release, the dispute resolution, governing law, and venue provisions of the Franchise Agreement shall apply.

Source: Item 23 — RECEIPTS (FDD pages 43–157)

What This Means (2024 FDD)

According to Better Blend's 2024 Franchise Disclosure Document, if any provision within the General Release is deemed invalid, the remaining provisions of the release will still remain effective. Specifically, the document states that the remainder of the release will not be affected and will remain in full force and effect.

This clause ensures that the entire General Release does not become void due to one invalid provision. This is a common 'severability' clause in legal agreements, designed to preserve as much of the agreement as possible. For a Better Blend franchisee, this means that even if a specific part of the release is successfully challenged, the rest of the agreement, including clauses that protect Better Blend from liabilities, will likely still be enforceable.

Furthermore, the FDD states that any disputes concerning the General Release will be subject to the dispute resolution, governing law, and venue provisions outlined in the Franchise Agreement. This directs franchisees to refer to those sections of the Franchise Agreement to understand how disputes related to the General Release will be handled, including where disputes must be resolved and which state's laws will govern. Franchisees should carefully review these sections to understand their rights and obligations in case of a disagreement regarding the General Release.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.