According to the Bumper Man franchise agreement, what is considered severable?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
(e) Severability and Enforceability of Covenants. Each of the covenants contained in this Section 17 will be considered separate and independent from each other. If any covenant in this Agreement which restricts competitive activity is deemed unenforceable for any reason, but would be enforceable by reducing or substituting any part of it in accordance with Section 26(a), such covenant will be enforced to the fullest extent permissible under Applicable Law.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, the covenants within Section 17 of the franchise agreement are considered separate and independent from each other. This is important because if a court deems any covenant restricting competitive activity unenforceable, the provision will be modified to the fullest extent permissible under applicable law, rather than being struck down entirely. This ensures that as much of the original intention of the agreement as possible is upheld.
This severability clause is a fairly standard provision in franchise agreements. It protects the franchisor by ensuring that if one part of the agreement is found to be unenforceable, the rest of the agreement remains in effect. This is particularly relevant for non-compete clauses, which are often scrutinized by courts.
For a prospective Bumper Man franchisee, this means that they should carefully review Section 17 of the franchise agreement, particularly any covenants related to competitive activity, to understand the full scope of their obligations. While the severability clause aims to preserve the agreement as much as possible, it's crucial to be aware of what restrictions are in place and how they might be enforced.