According to Bonchon's 2025 Franchise Disclosure Document, if a court or governmental authority determines that a provision of the agreement is unenforceable, the parties intend for the agreement to be enforced as if the unenforceable provision were not present. Furthermore, any provision that is partially valid and enforceable will be enforced to the extent that it remains enforceable. This ensures that as much of the original agreement as possible is upheld, even if some parts are deemed invalid.

For a prospective Bonchon franchisee, this means that not every single clause needs to be perfectly valid for the agreement to remain in effect. If a specific clause is found to be overly broad or conflicts with local laws, the court will likely remove or modify only that specific part, while keeping the rest of the agreement intact. This protects both Bonchon and the franchisee by maintaining the core obligations and rights outlined in the contract.

This approach is fairly standard in franchise agreements, as it balances the need for a comprehensive contract with the reality that some provisions may not be fully enforceable in all jurisdictions or under all circumstances. Franchisees should still carefully review the entire agreement with legal counsel to understand their rights and obligations, and to identify any potential areas of concern.