What happens if a provision of the release is held invalid in the Bombs Away franchise agreement?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
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, the franchise agreement includes a provision addressing the severability of its general release. Specifically, if any part of the release is deemed invalid, the remainder of the release will still remain in effect.
This clause ensures that even if a specific provision within the release is found to be unenforceable, the overall intent and protection afforded by the release are preserved to the fullest extent possible. This is a common legal safeguard to maintain the integrity of the agreement.
For a prospective Bombs Away franchisee, this means that the release remains effective even if certain parts are challenged or invalidated. This provides Bombs Away with a continued defense against potential claims, as the remaining valid provisions of the release will still apply. Franchisees should be aware of this clause, particularly when considering the implications of signing a general release as part of their franchise agreement.