Do the restrictions on a Bevaris Alliance franchisee apply directly and indirectly?
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 to them acting directly or indirectly. These restrictions also apply whether they are acting on their own behalf or on behalf of, or in conjunction with, any firm, company, or person.
This means that a Bevaris Alliance franchisee cannot bypass the restrictions outlined in the franchise agreement by using a third party or acting through another business entity. The restrictions are designed to prevent franchisees from engaging in activities that could harm the Bevaris Alliance system, regardless of whether they are doing so personally or through another entity.
Additionally, each restriction within clause 20 of the franchise agreement is intended to be separate and severable. 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 ensures that the remaining restrictions remain enforceable, even if one is found to be invalid, and protects Bevaris Alliance's interests.