Does the deletion of a provision affect the validity of the rest of the Bevaris Alliance agreement?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- 27.7 Severance. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, the deletion of a provision does not affect the validity of the rest of the agreement. Specifically, section 27.7 addresses the possibility of a provision becoming invalid, illegal, or unenforceable.
In such cases, the agreement states that the provision should be modified to the minimum extent necessary to make it valid, legal, and enforceable. If modification is not possible, the provision will be deemed deleted.
Importantly, any modification or deletion of a provision does not impact the validity and enforceability of the remaining parts of the Bevaris Alliance franchise agreement. This is a fairly standard 'severability' clause in franchise agreements, intended to prevent the entire agreement from being invalidated due to a single problematic provision.