If modifying an invalid provision is not possible for Bevaris Alliance, what happens to the provision?
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, if any part of the franchise agreement becomes invalid, illegal, or unenforceable, the agreement will be modified to the smallest extent necessary to make it valid and enforceable. However, if such a modification is not possible, then the specific provision or part of the provision that is problematic will be removed from the agreement.
This clause ensures that as much of the original agreement as possible remains in effect. The deletion of a specific section does not impact the validity or enforceability of the remaining parts of the agreement. This is a fairly standard 'severability' clause in franchise agreements.
For a prospective Bevaris Alliance franchisee, this means that if a particular clause is later found to be unenforceable, the entire agreement will not be voided. Instead, the parties will attempt to modify the clause to make it enforceable, and if that's not possible, the clause will simply be removed. This provides some protection and clarity regarding the overall enforceability of the franchise agreement.