If a provision of this agreement with Beverly Anns Cookie is unenforceable, what happens?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
- c. This Agreement will be governed by, construed, and enforced under the laws of Kentucky, and the courts in that state shall have jurisdiction over any legal proceedings arising out of this Agreement.
- d. Each section of this Agreement, including each subsection and portion, is severable. If any section, subsection, or portion of this Agreement is unenforceable, it shall not affect the enforceability of any other section, subsection, or portion; and each party to this Agreement agrees that the court may impose such limitations on the terms of this Agreement as it deems in its discretion necessary to make such terms enforceable.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Beverly Ann's Cookie Franchise Disclosure Document, the agreement contains a severability clause. This means that if any part of the agreement is deemed unenforceable, it will not invalidate the entire agreement.
Instead, the remaining sections, subsections, or portions of the agreement will still be enforceable. The document specifies that the parties agree the court can impose limitations on the terms to make them enforceable.
This type of clause is standard in franchise agreements. It protects the overall contract by ensuring that a single unenforceable provision does not void the entire agreement, allowing the business relationship to continue under the remaining valid terms. Prospective Beverly Ann's Cookie franchisees should understand that even if some aspects of the agreement are challenged and found unenforceable, the core obligations and rights will likely remain in effect.