Can C3 Wellness Spa elect to give modifications to the franchise agreement greater applicability than just the jurisdictions where terms were found unenforceable?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
Modifications to this Agreement shall be effective only in those jurisdictions in which such terms and conditions, specifications, standards, or operating procedures are found to be unenforceable, unless Franchisor elects to give them greater applicability, in which case, this Agreement shall be enforced as originally made in all other jurisdictions.
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
According to C3 Wellness Spa's 2024 Franchise Disclosure Document, modifications made to the franchise agreement due to unenforceability in certain jurisdictions do not automatically apply everywhere. However, C3 Wellness Spa has the option to extend the applicability of these modifications beyond the specific jurisdictions where the terms were initially deemed unenforceable.
Specifically, the franchise agreement will be enforced as originally written in all other jurisdictions unless C3 Wellness Spa chooses to apply the modifications more broadly. This means that a franchisee operating in a state where the original term is enforceable would still be subject to that term, even if it has been modified elsewhere, unless C3 Wellness Spa decides otherwise.
This clause provides C3 Wellness Spa with flexibility in managing the franchise agreement across different legal environments. It also means that franchisees need to be aware of the specific terms applicable in their jurisdiction and understand that those terms could be different from those in other areas, depending on C3 Wellness Spa's decisions regarding the scope of modifications.