If a statute is re-enacted, does it automatically apply to the Bevaris Alliance agreement?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- 1.9 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time; provided that, as between the parties, no such amendment, extension or re-enactment shall apply for the purposes of this agreement to the extent that it would impose any new or extended obligation, liability or restriction on, or otherwise adversely affect the rights of, any party.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, a reference to a statute or statutory provision includes any amendments, extensions, or re-enactments. However, such changes do not automatically apply if they impose new obligations, liabilities, restrictions, or adversely affect the rights of any party.
This means that while the Bevaris Alliance franchise agreement generally incorporates changes to relevant laws, there's a protection for the franchisee. If a re-enacted statute places additional burdens or negatively impacts the franchisee's rights, those specific changes will not automatically be integrated into the existing franchise agreement.
This clause provides a degree of stability for the franchisee, ensuring that the terms of their agreement are not unilaterally altered by subsequent legal changes that could be detrimental. It is important for prospective franchisees to understand this provision, as it clarifies the extent to which future legislative changes can affect their obligations and rights under the franchise agreement. Franchisees should consult with a legal professional to fully understand the implications of any statutory changes.