Can Casiola elect to give modifications to the franchise agreement greater applicability than just the jurisdictions where terms are unenforceable?

According to Casiola's 2024 Franchise Disclosure Document, Casiola has the right to modify terms and conditions of the franchise agreement that are found to be invalid or unenforceable under applicable laws or rules. These modifications are initially effective only in the specific jurisdictions where the terms were deemed unenforceable.

However, Casiola retains the discretion to extend the applicability of these modifications beyond those specific jurisdictions. If Casiola chooses to do so, the modified terms will be enforced across all jurisdictions, effectively making the change universal within the franchise system. In jurisdictions where the original terms are still enforceable, Casiola's election to give the modifications greater applicability means that the franchise agreement will be enforced as modified, even though the original terms could have been upheld.

This clause provides Casiola with flexibility in managing the franchise agreement across different legal environments. It allows Casiola to implement changes proactively, ensuring consistency and compliance throughout the franchise system, even in areas where the original terms might have been legally defensible. For a prospective franchisee, this means that the terms of their agreement could be altered based on legal challenges or changes in other jurisdictions, potentially impacting their rights and obligations even if their local laws do not mandate such changes.