If a provision in the Canine Dimensions agreement is deemed unenforceable, can it be amended by the court?
Canine_Dimensions Franchise · 2025 FDDAnswer from 2025 FDD Document
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- The provisions of this Mutual General Release Agreement are severable, and, in the event that any of them is held void and unenforceable as a matter of law, the remainder shall continue in full force and effect.
Source: Item 22 — CONTRACTS (FDD page 36)
What This Means (2025 FDD)
According to Canine Dimensions' 2025 Franchise Disclosure Document, the provisions of the Mutual General Release Agreement are severable. This means that if a court finds any part of the agreement to be void or unenforceable, the rest of the agreement will remain in effect.
This clause protects the overall validity of the agreement even if specific parts are challenged and found to be invalid. It's a fairly standard provision in franchise agreements, designed to prevent the entire contract from being thrown out due to a single issue.
However, the FDD does not state that the court can amend the agreement. Instead, the unenforceable provision is simply severed, and the remainder of the agreement stays in effect. A prospective franchisee should consult with a legal professional to understand the full implications of this clause and how it might affect their rights and obligations under the Canine Dimensions franchise agreement.