What happens if a provision of the Desi District General Release is held invalid?
Desi_District 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.
Source: Item 23 — RECEIPTS (FDD pages 52–140)
What This Means (2024 FDD)
According to Desi District's 2024 Franchise Disclosure Document, if any provision within the General Release is deemed invalid, the remaining provisions of the release will still remain in full effect. This ensures that even if one part of the agreement is unenforceable, the rest of the agreement continues to bind the parties.
In the event of a dispute concerning the General Release, the dispute resolution, governing law, and venue provisions outlined in the Franchise Agreement will be applicable. This means franchisees must refer to their Franchise Agreement to understand how disputes related to the release will be handled, including where legal proceedings would take place and which state's laws would govern.
This clause is fairly standard in franchise agreements. It aims to maintain the integrity of the overall agreement even if specific parts are challenged. Prospective franchisees should carefully review the dispute resolution and governing law sections of the Franchise Agreement to fully understand their rights and obligations in case of a disagreement related to the General Release.