What happens if a provision of the Bombs Away General Release is held invalid?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
Releasor acknowledges that the release in Section 1 is a complete defense to any Claim.
- **4.
Miscellaneous.** If any of the provisions of this Release are held invalid for any reason, the remainder of this Release will not be affected and will remain in full force and effect.
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, if any provision within the General Release is deemed invalid, the remaining provisions of the release will still be effective. Specifically, the document states that the remainder of the General Release will not be affected and will remain in full force and effect.
This clause ensures that the entire agreement does not become void due to one unenforceable part. This is a common 'severability' clause in legal contracts, designed to preserve as much of the agreement as possible.
For a prospective Bombs Away franchisee, this means that even if a court finds one aspect of the General Release to be unenforceable, the rest of the release remains binding. This provides Bombs Away with some protection, as most of the release will still apply. Franchisees should carefully review the General Release with their attorney to understand their rights and obligations under each provision.