If a provision in the Bevaris Alliance agreement is unenforceable, what happens to it?
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 Bevaris Alliance's 2024 Franchise Disclosure Document, specifically section 27.7 regarding severance, if any part of the franchise agreement becomes invalid, illegal, or unenforceable, it will be modified to the smallest extent necessary to make it valid, legal, and enforceable. If modifying the provision is not possible, then that specific part will be removed from the agreement.
This "severance" clause ensures that the rest of the franchise agreement remains in effect even if a particular provision is deemed unenforceable. This is a fairly standard clause in franchise agreements, designed to protect the overall validity of the contract. Without such a clause, the entire agreement could be at risk if one part is successfully challenged in court.
For a prospective Bevaris Alliance franchisee, this means that if a specific term in the franchise agreement is later found to be invalid, the entire agreement will not necessarily be voided. Instead, the problematic term will be either modified or removed, and the rest of the agreement will remain in force. This provides a level of security and predictability, as it limits the potential impact of legal challenges to specific provisions.