In the Casiola franchise agreement, what is substituted for comparable provisions if a law requires some action not required by the agreement?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
- (2) If any applicable and binding law or rule requires a greater prior notice of the termination of this Agreement than is required in this Agreement, or the taking of some other action not required by this Agreement, or if under any applicable and binding law or rule, any term and condition of this Agreement, or any specification, standard, or operating procedure Franchisor prescribes is invalid or unenforceable, then the greater prior notice and/or other action required by law or rule shall be substituted for the comparable provisions, and Franchisor has the right, in its sole discretion, to modify the invalid or unenforceable term and condition, specification, standard, or operating procedure to the extent required to be valid and enforceable.
Franchisee agrees to be bound by any such substituted and/or modified term and condition of this Agreement imposing the maximum duty permitted by law that is prescribed within the terms of any provision of this Agreement as though it were originally and separately articulated in, and made a part of, this Agreement as of the Effective Date and/or any specification,
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to the 2024 Casiola Franchise Disclosure Document, if any applicable law requires a greater prior notice of termination than the agreement stipulates, or necessitates some other action not outlined in the agreement, then the law will take precedence. Specifically, the greater prior notice or other action required by law will be substituted for the comparable provisions in the Casiola franchise agreement.
Furthermore, if any term, condition, specification, standard, or operating procedure prescribed by Casiola is deemed invalid or unenforceable under applicable law, Casiola retains the right to modify the term, condition, specification, standard, or operating procedure to the extent necessary to ensure its validity and enforceability.
As a prospective franchisee, it's important to understand that these substitutions and modifications will be binding. You agree to adhere to any such substituted or modified term and condition of the agreement, imposing the maximum duty permitted by law, as if it were originally part of the agreement.