Does the Browns Chicken franchise agreement include a severability clause?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
To the extent that this Paragraph E of Section 21 is deemed unenforceable by virtue of its scope in terms of area or length of time or activity restrained, but may be made enforceable by reduction of any or all thereof, Franchisee and Brown agree that the same shall be enforced to the fullest extent permissible under the laws and public policies applied in the jurisdiction in which enforcement is sought.
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to the 2025 Browns Chicken Franchise Disclosure Document, the franchise agreement contains a clause addressing the enforceability of its restrictions. Specifically, Section 21(E) acknowledges that if any part of the non-compete agreement is deemed unenforceable due to its scope (area, time, or activity), it should be reduced to the fullest extent permissible by law.
This means that if a court finds a specific aspect of the non-compete clause too broad, the clause will be modified to be as enforceable as possible rather than being thrown out entirely. This protects Browns Chicken's interests by ensuring some level of non-competition from former franchisees.
For a prospective Browns Chicken franchisee, this clause implies that the non-compete restrictions, while potentially subject to judicial review and modification, are intended to be upheld to the greatest extent allowed by law. Franchisees should be aware of these restrictions and how they might be applied in their specific jurisdiction.