In the Dog Haus Release Agreement, what happens to a provision that is prohibited in a specific jurisdiction?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
- 8.6 Severability and Validity.
Any provision of this Release Agreement which is prohibited, unenforceable or not authorized in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition, unenforceability or non-authorization without invalidating the remaining provisions of this Release Agreement or affecting the validity, enforceability or legality of such provision in any other jurisdiction.
Source: Item 23 — RECEIPTS (FDD pages 87–328)
What This Means (2025 FDD)
According to Dog Haus's 2025 Franchise Disclosure Document, if a provision within the Release Agreement is deemed prohibited, unenforceable, or unauthorized in a particular jurisdiction, it becomes ineffective only to the extent of that specific prohibition, unenforceability, or lack of authorization within that jurisdiction. This means the problematic provision does not invalidate the remaining parts of the Release Agreement.
Furthermore, the validity, enforceability, and legality of the provision remain intact in any other jurisdiction where it is not prohibited. This clause ensures that the Release Agreement remains as fully effective as possible across different legal environments, adapting to local laws without causing a complete failure of the agreement.
This approach is common in franchise agreements to address the varying legal landscapes across different states or regions. It allows Dog Haus to maintain a standardized agreement while acknowledging that certain clauses may not be applicable or enforceable everywhere. Prospective franchisees should be aware of this severability clause, as it means they are still bound by the rest of the agreement even if a particular provision is challenged or invalidated in their area.