factual

Does the Bevaris Alliance agreement specify if the restrictions apply to the franchisee acting on their own behalf?

Bevaris_Alliance Franchise · 2024 FDD

Answer from 2024 FDD Document

  • 20.3 The restrictions imposed on the Franchisee and the Individual by this clause 20 apply to them acting:
    • (a) directly or indirectly; and
    • (b) on their own behalf or on behalf of, or in conjunction with, any firm, company or person.
  • 20.4 Each of the restrictions in this clause 20 is intended to be separate and severable. If any of the restrictions are held to be void but would be valid if part of their wording were deleted, such restriction shall apply with such deletion as may be necessary to make it valid or effective.

Source: Item 23 — RECEIPT (FDD pages 22–88)

What This Means (2024 FDD)

According to the 2024 Bevaris Alliance Franchise Disclosure Document, the restrictions imposed on the franchisee and the individual also apply to them acting directly or indirectly, and on their own behalf or on behalf of, or in conjunction with, any firm, company, or person. This means that the restrictions outlined in clause 20 of the franchise agreement are comprehensive and apply to the franchisee regardless of whether they are acting independently or in association with another entity.

This provision is designed to prevent franchisees from circumventing the restrictions by operating through other businesses or individuals. The clause ensures that the franchisee cannot engage in activities that would violate the terms of the agreement, even if they are not the sole actor. This is a common practice in franchising to protect the franchisor's brand and business model.

Additionally, the Bevaris Alliance agreement states that each restriction within clause 20 is intended to be separate and severable. If any restriction is deemed void but could be valid with a minor deletion, the restriction will be applied with the necessary deletion to make it valid and effective. This clause aims to ensure that the restrictions are upheld to the fullest extent possible, providing further protection for Bevaris Alliance.

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.