Are the restrictions in the Bevaris Alliance agreement intended to be severable?
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 imposed on the franchisee and any individual associated with the franchise agreement are intended to be separate and severable. This means that if a court finds any specific restriction to be void or unenforceable, the remaining restrictions will still apply.
Furthermore, if a restriction is deemed invalid but could be valid with a minor adjustment, such as deleting part of the wording, the restriction will be applied with that necessary deletion to make it valid and effective. This clause ensures that as many of the restrictions as possible remain in force, protecting Bevaris Alliance's interests.
This severability clause is a common legal provision in franchise agreements. It aims to preserve the overall enforceability of the agreement even if specific parts are challenged. Prospective Bevaris Alliance franchisees should understand that this clause strengthens the franchisor's ability to enforce the restrictions outlined in the agreement, as the courts will attempt to uphold as much of the original intent as possible.