If a provision in the non-compete section of the Dryject agreement is invalid, does it affect the rest of the agreement?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
If any one or more of the provisions contained in this Section shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if it never contained such invalid, illegal or unenforceable provisions.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject FDD, if a provision within the agreement is deemed invalid, illegal, or unenforceable, it will not impact the validity of the remaining provisions. The agreement will be interpreted as if it never included the specific invalid, illegal, or unenforceable provision. This is often referred to as a severability clause.
This clause protects the overall contract by ensuring that if one part is found to be unenforceable, the entire agreement does not collapse. This is a common provision in franchise agreements, as laws governing contracts can vary significantly by state, and some clauses might not be enforceable in certain jurisdictions.
For a prospective Dryject franchisee, this means that even if a specific part of the agreement, such as a non-compete clause, is challenged and found to be unenforceable, the rest of the franchise agreement remains in effect. This provides a level of security and predictability, as the core terms of the franchise relationship will continue to govern the operation of the franchise.