Does the restriction on a Bevaris Alliance franchisee apply if they are acting on behalf of a company?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- 20.3 The restrictions imposed on the Franchisee and the Individual by this clause 20 apply to them acting:
- (a) directly or indirectly; and
- (b) on their own behalf or on behalf of, or in conjunction with, any firm, company or person.
- 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 imposed on the franchisee and the individual also apply if they are acting on behalf of a company. This means that the franchisee cannot bypass the restrictions by operating through a separate business entity.
The restrictions apply whether the franchisee is acting directly or indirectly. They also apply whether the franchisee is acting on their own behalf, on behalf of a firm, company, or person, or in conjunction with any of these. This broad application ensures that the franchisee and individual cannot circumvent the restrictions through any type of business arrangement or association.
Furthermore, each restriction within clause 20 is designed to be separate and enforceable. If any restriction is deemed void but could be valid with a minor deletion, the restriction will be applied with the necessary deletion to make it valid and effective. This provision ensures that the restrictions are upheld to the fullest extent possible, protecting Bevaris Alliance's interests and other franchisees.