What happens if a court finds the Body20 non-compete agreement too broad?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
If a court finds any provision of this Agreement to be unreasonable or unenforceable as written, you agree that the court can modify the provision to make it enforceable and that you will abide by the provision as modified.
Source: Item 23 — RECEIPT (FDD pages 74–251)
What This Means (2025 FDD)
According to Body20's 2025 Franchise Disclosure Document, if a court determines any part of the franchise agreement, including the non-compete clause, to be unreasonable or unenforceable as written, the court has the authority to modify the provision to make it enforceable. The franchisee agrees to abide by the provision as modified by the court. This ensures that the core intent of the agreement is upheld while addressing any specific issues the court identifies.
This clause is important for prospective Body20 franchisees because it provides a mechanism for resolving disputes related to the enforceability of the non-compete agreement. Rather than the entire agreement being invalidated, the clause allows for judicial modification to make it fair and reasonable. This can protect both the franchisee and Body20 by ensuring that the franchisee is subject to a reasonable non-compete obligation, while also preventing Body20 from enforcing an overly broad restriction.
Such severability and modification clauses are common in franchise agreements. They reflect an attempt to balance the franchisor's need to protect its brand and system with the franchisee's right to engage in business activities after the franchise relationship ends. Franchisees should be aware of this clause and understand that a court may revise the non-compete agreement rather than strike it down entirely.