What happens if a provision of the Crepe De Licious Release is deemed invalid?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
- g. If one or more of the provisions of this Release shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect or impair any other provision of this Release, but this Release shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Crepe De Licious Franchise Disclosure Document, if any provision within the Release is deemed invalid, illegal, or unenforceable, the remaining provisions will still remain in effect. Specifically, the FDD states that the Release should be interpreted as if the invalid, illegal, or unenforceable provision was never included in the first place. This clause ensures that as much of the original agreement as possible is upheld, even if specific parts are challenged or found to be non-compliant with applicable laws.
This clause protects the integrity of the overall agreement. It prevents a single point of failure from nullifying the entire document. For a Crepe De Licious franchisee, this means that their obligations and rights under the remaining valid provisions of the Release continue, providing a level of certainty and stability in their relationship with the franchisor.
This type of severability clause is common in franchise agreements. It reflects an effort to balance the interests of both the franchisor and franchisee by ensuring that the core intentions of the agreement are honored to the fullest extent possible under the law. Franchisees should be aware of this clause, understanding that even if a specific term is invalidated, their broader contractual obligations with Crepe De Licious will likely persist.