What happens if a term of the Creative World School lease is declared invalid?
Creative_World_School Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Severability: If any of the provisions of this Assignment or any section or subsection of this Assignment are held invalid for any reason, the remainder of this Assignment or any such
section or subsection will not be affected, and will remain in full force and effect in accordance with its terms.
Source: Item 23 — RECEIPTS (FDD pages 80–247)
What This Means (2025 FDD)
According to the 2025 Creative World School FDD, if any provision within the Assignment, or any section or subsection of the Assignment, is deemed invalid for any reason, the remaining parts of the Assignment, sections, or subsections will still be valid and remain in effect according to their original terms. This is known as a severability clause, and it ensures that the entire agreement does not become void due to one invalid provision.
For a prospective Creative World School franchisee, this clause offers a degree of protection. If a single term in the lease assignment is found to be unenforceable, the rest of the agreement remains valid. This could be important if, for example, a specific clause regarding permitted use or alterations is challenged; the franchisee can continue operating under the remaining terms of the lease.
However, it's important to note that the clause only applies to the 'Assignment' itself. Franchisees should carefully review the entire lease agreement, as this clause does not guarantee the validity of the original lease between the landlord and Creative World School. Franchisees should consult with a legal professional to fully understand the implications of the severability clause and the overall lease agreement.