What is the effect of the invalidity or unenforceability of any provision of the Closet Storage Concepts agreement?
Closet_Storage_Concepts Franchise · 2025 FDDAnswer from 2025 FDD Document
I agree that each of the foregoing covenants shall be construed as independent of any other covenant or provision of this Agreement. In the event any provision of this Agreement is ever deemed to exceed the limits permitted by any applicable law, the provisions set forth herein will be reformed to the extent necessary to make them reasonable and enforceable. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of the remaining provisions, all of which are severable and will be given full force and effect.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2025 FDD)
According to Closet Storage Concepts' 2025 Franchise Disclosure Document, the invalidity or unenforceability of any provision within the franchise agreement does not nullify the remaining provisions. The franchise agreement specifies that all provisions are severable and will remain in full effect. This means that if a court finds one part of the agreement to be illegal or unenforceable, the rest of the agreement still stands.
This clause protects Closet Storage Concepts by ensuring that the entire agreement isn't thrown out due to a problem with one particular section. It also provides some assurance to the franchisee that the core aspects of the franchise relationship will continue even if minor details are challenged.
Additionally, the agreement states that if any provision is deemed to exceed legal limits, it will be reformed to the extent necessary to make it reasonable and enforceable. This demonstrates an intent to comply with applicable laws and to preserve the agreement as much as possible. Franchisees should be aware of this clause, as it means they cannot assume the entire agreement is void simply because one part of it may be questionable.