Does the Expense Reduction Analysts agreement allow for judicial modification of the non-compete provisions?

According to the 2025 Expense Reduction Analysts Franchise Disclosure Document, the franchise agreement explicitly anticipates and allows for judicial modification of the non-competition provisions. The agreement states that it is the intent of both parties that the non-compete terms be enforced to the fullest extent permissible by law.

Specifically, the Expense Reduction Analysts agreement includes a clause stating that if any part of the non-competition provisions is reduced in scope or modified, it will not render any other part of the non-compete unenforceable. This suggests that a court can adjust the terms of the non-compete (such as geographic scope or time period) without invalidating the entire clause.

This is a benefit for a prospective Expense Reduction Analysts franchisee because it means that if the non-compete agreement is ever challenged in court, there is a mechanism in place to allow for a more reasonable and enforceable restriction, rather than having the entire non-compete thrown out. This provides some level of predictability and protection for both the franchisee and Expense Reduction Analysts.