What can a court do if it deems a term in the Deer Solution Franchise Agreement unreasonable?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) Each section of this Agreement, including each subsection and portion thereof, is severable. In the event that any section, subsection, or portion of this Agreement is unenforceable, it shall not affect the enforceability of any other section, subsection, or portion; and each party to this Agreement agrees that the court may impose such limitations on the terms of this Agreement as it deems in its discretion necessary to make such terms reasonable in scope, duration and geographic area.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to the 2025 Deer Solution Franchise Disclosure Document, if a court finds any section, subsection, or portion of the Franchise Agreement unenforceable, the other parts of the agreement will still remain in effect. The court has the power to modify the unreasonable terms.
Specifically, the court can impose limitations on the terms of the Deer Solution Franchise Agreement. These limitations can address the scope, duration, and geographic area of the term in question. This ensures that the terms are deemed reasonable by the court.
This clause aims to balance Deer Solution's interests with fairness to the franchisee. It prevents the entire agreement from being invalidated due to a single unenforceable clause, while also providing a mechanism to adjust overly broad or restrictive terms. Prospective franchisees should understand that while they waive the right to challenge the agreement's reasonableness, this clause provides a safeguard against truly unfair provisions.