If any part of the Boulder Designs franchise agreement is deemed unlawful, what will happen to that provision?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
-
- Enforceability. If any one or more of the provisions contained in this Agreement are, for any reason, held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision herein, and this Agreement will be construed as if such invalid, illegal, or unenforceable provision had never been contained herein and such invalid, illegal or unenforceable provision shall be revised so as to be valid, legal and enforceable.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, if any provision in the agreement is deemed invalid, illegal, or unenforceable, the remaining provisions will still be valid. The agreement will be interpreted as if the invalid provision was never included. Furthermore, the invalid, illegal, or unenforceable provision will be revised to make it valid, legal, and enforceable.
This clause ensures that as much of the original agreement as possible remains in effect, even if a specific part is challenged and found to be unlawful. This is a common clause in franchise agreements, designed to protect the overall integrity and enforceability of the contract.
For a prospective Boulder Designs franchisee, this means that the entire agreement won't be voided due to a single issue. Instead, the problematic section will be adjusted or removed, while the rest of the obligations and rights remain intact. This provides a level of stability and predictability, as it reduces the risk of the entire franchise agreement being thrown out over a single disputed clause.