factual

If a court amends a provision of the Canine Dimensions agreement, is the employee obligated to abide by it?

Canine_Dimensions Franchise · 2025 FDD

Answer from 2025 FDD Document

Further, in the event that any provision of Paragraphs C.1. or C.2. be deemed unenforceable by a court as over broad in duration, geographical scope or otherwise, the parties agree that such provision shall be deemed amended to the extent the court determines same to be enforceable, and Employee agrees to abide by same as if so included within the text of this Agreement.

Source: Item 22 — CONTRACTS (FDD page 36)

What This Means (2025 FDD)

According to Canine Dimensions' 2025 Franchise Disclosure Document, if a court deems any provision of the agreement unenforceable due to being overly broad in duration, geographical scope, or otherwise, the parties agree that the provision will be considered amended to the extent the court determines it to be enforceable. The employee agrees to abide by the provision as if it were originally included in the agreement's text.

This means that if a specific clause, such as a non-compete agreement, is found to be too restrictive, the court can modify it to make it enforceable. The employee is then obligated to follow the amended version of the clause. This ensures that the agreement remains valid and enforceable to the greatest extent possible under the law.

This clause provides Canine Dimensions with some protection against overly broad or unenforceable provisions. It allows for judicial modification rather than complete invalidation of the clause, which could be beneficial to both the franchisor and the franchisee in maintaining a workable agreement. Prospective franchisees should understand that they are agreeing to be bound by court-modified terms, which may differ from the original agreement's language.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.