Under the Bevaris Alliance agreement, what is the effect of modifying or deleting a provision?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to Bevaris Alliance's 2024 Franchise Disclosure Document, if any provision within the franchise agreement becomes invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary to make it valid, legal, and enforceable. If modifying the provision is not possible, then the provision will be deleted.
This modification or deletion will not impact the validity or enforceability of the remaining parts of the agreement. This is a fairly standard 'severability' clause in franchise agreements. It aims to preserve as much of the original contract as possible if a specific term is found to be flawed.
For a prospective Bevaris Alliance franchisee, this clause offers some protection. If a single clause is later deemed unenforceable, the entire agreement won't necessarily be voided. Instead, the problematic clause will be adjusted or removed, while the rest of the agreement remains in effect. This can prevent unexpected disruptions to the franchise relationship due to unforeseen legal issues with a specific term.