What happens if a provision of the Bevaris Alliance agreement is deemed invalid?
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 agreement includes a clause addressing the severance of provisions. If any part of the agreement is deemed invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary to make it valid, legal, and enforceable.
If modifying the provision is not possible, the specific part that is invalid will be removed from the agreement. However, this modification or deletion will not impact the validity or enforceability of the remaining parts of the agreement. This ensures that as much of the original agreement as possible remains in effect, even if certain provisions are found to be flawed.
This type of clause is standard in franchise agreements to protect the overall contract. It prevents the entire agreement from being voided due to a single problematic provision. Prospective Bevaris Alliance franchisees should understand that the core of their franchise agreement will likely remain intact even if a specific clause is successfully challenged.