What happens if a restriction in the Bevaris Alliance agreement is held to be void?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- 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 within clause 20 of the franchise agreement are designed to be separate and severable. This means that each restriction is intended to stand alone. If a court determines that any specific restriction is invalid, the agreement specifies a process to maintain as much of the restriction as possible.
Specifically, if a restriction is deemed void but could be considered valid with some of its wording removed, then that restriction will be applied with the necessary deletions to make it valid and effective. This ensures that the remaining enforceable parts of the restriction are still in place.
This clause aims to protect the enforceability of the Bevaris Alliance franchise agreement by ensuring that the entire agreement does not become invalid due to one unenforceable clause. It reflects a common legal principle of 'severability,' which seeks to uphold the overall intent of the contract even if some parts are flawed. Prospective franchisees should understand that this clause could impact the scope and enforcement of non-compete or other restrictive covenants within the agreement.