What happens if a provision of the Chocolate Bash General Release is held invalid?
Chocolate_Bash Franchise · 2024 FDDAnswer from 2024 FDD Document
- 4. Miscellaneous. If any of the provisions of this Release are held invalid for any reason, the remainder of this Release will not be affected and will remain in full force and effect.
In the event of any dispute concerning this Release, the dispute resolution, governing law, and venue provisions of the Franchise Agreement shall apply.
Releasor agrees to take any actions and sign any documents that CB Franchising reasonably requests to effectuate the purposes of this Release.
This Release contains the entire agreement of the parties concerning the subject matter hereof.
This Release shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law.
Source: Item 22 — CONTRACTS (FDD pages 38–39)
What This Means (2024 FDD)
According to Chocolate Bash's 2024 Franchise Disclosure Document, if any provision within the General Release is deemed invalid, the remaining provisions of the release will still be valid and remain in effect. Additionally, any disputes related to the General Release will be subject to the dispute resolution, governing law, and venue provisions outlined in the Franchise Agreement.
This means that even if a specific clause in the General Release is unenforceable, the rest of the agreement remains binding. This protects Chocolate Bash by ensuring that as many aspects of the release as possible remain valid.
Furthermore, the franchisee is obligated to take actions and sign documents that Chocolate Bash reasonably requests to fulfill the purpose of the Release. The General Release encompasses the entire agreement between the parties regarding its subject matter, but it does not apply to any liability under the Maryland Franchise Registration and Disclosure Law.