Under what circumstances is neither party considered in breach of the Bevaris Alliance agreement?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- 27.1 Force Majeure. Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. If the period of delay or non-performance continues for 3 months, the party not affected may terminate this agreement by giving 30 days' written notice to the affected party.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, neither party will be considered in breach of the agreement nor liable for any delay or failure to perform their obligations if such issues arise from events, circumstances, or causes beyond their reasonable control. This is commonly referred to as "Force Majeure".
However, if the delay or non-performance continues for a period of 3 months, the party that is not affected by the event has the option to terminate the Bevaris Alliance agreement. This termination can be enacted by providing a 30-day written notice to the party experiencing the delay or non-performance.
This clause provides a degree of protection for both Bevaris Alliance and its franchisees in the event of unforeseen circumstances that prevent either party from fulfilling their contractual obligations. It also sets a limit on the duration of such delays, allowing the unaffected party to terminate the agreement if the situation persists for an extended period.