What happens if a provision of the Better Blend release agreement is held invalid?
Better_Blend Franchise · 2024 FDDAnswer 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.
Releasor agrees to take any actions and sign any documents that BBF reasonably requests to effectuate the purposes of this Release.
This Release contains the entire agreement of the parties concerning the subject matter hereof.
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 agreement is deemed invalid, the remaining provisions of the release will still be valid and remain in effect. This means that even if one part of the release is unenforceable, the rest of the agreement continues to bind the parties.
This clause protects Better Blend by ensuring that the entire release agreement doesn't become void due to a single invalid provision. It provides a level of security for the franchisor, as the franchisee is still bound by the remaining enforceable terms of the release.
In the event of a dispute regarding the release, the dispute resolution, governing law, and venue provisions outlined in the Franchise Agreement will be applicable. This ensures consistency in how disputes are handled across different agreements between Better Blend and its franchisees. Franchisees also agree to perform necessary actions and sign documents that Better Blend requests to fulfill the release's objectives. This clause emphasizes the franchisee's cooperation in ensuring the release achieves its intended purpose.