In the Face Foundrie agreement, what is the scope of the Area Developer's agreement to be bound by promises or covenants?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
- 14.4 Full Scope of Terms.
Area Developer expressly agrees to be bound by any promise or covenant imposing the maximum duty permitted by law which is subsumed within the terms of any provision hereof, as though it were separately articulated in and made a part of this Agreement, that may result from striking from any of the provisions hereof any portion or portions which a court or agency having valid jurisdiction may hold to be unreasonable and unenforceable in an unappealed final decision to which Franchisor is a party, or from reducing the scope of any promise or covenant to the extent required to comply with such a court or agency order.
Source: Item 23 — RECEIPTS (FDD pages 74–257)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, the Area Developer expressly agrees to be bound by promises or covenants within the agreement. This means the Area Developer is obligated to fulfill the maximum duty permitted by law within the terms of any provision. This obligation remains even if a court deems portions of the agreement unreasonable or unenforceable, or reduces the scope of any promise or covenant to comply with a court order.
This clause ensures that even if some parts of the agreement are challenged and altered, the Area Developer is still bound to the fullest extent legally possible by the remaining provisions. It also protects Face Foundrie by ensuring the Area Developer remains committed to the core obligations of the agreement, even if specific details are modified.
For a prospective Area Developer, this means understanding that they are entering into an agreement where their obligations are interpreted broadly and will be upheld to the maximum extent permissible by law. They should carefully review all provisions and understand the potential implications of this clause, especially concerning their duties and responsibilities under the agreement. It is advisable to seek legal counsel to fully grasp the scope of these obligations.