Are the restrictions in clause 20 of the Bevaris Alliance agreement intended to be separate and 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 outlined in clause 20 of the franchise agreement are intended to be separate and severable. This means that each restriction within clause 20 is designed to stand alone and be enforceable independently.
For a prospective Bevaris Alliance franchisee, this is significant because if a court finds one particular restriction to be void or unenforceable, the remaining restrictions in clause 20 will still apply. This provides Bevaris Alliance with a greater degree of protection regarding confidential information, trade secrets, and business connections.
Furthermore, the agreement specifies that if a restriction is deemed void but could be valid with some wording removed, the restriction should be applied with the necessary deletion to make it valid and effective. This demonstrates an intent to maintain the enforceability of the restrictions to the fullest extent possible, which could limit a franchisee's activities during the term of the agreement and for 24 months after termination or expiration.