Does the Floors To Go franchise agreement address the issue of severability?

The Floors To Go 2025 Franchise Disclosure Document does not explicitly contain a general severability clause. However, the FDD does include provisions that address severability within the context of specific state laws. For example, Exhibit D-16, the Wisconsin Disclosure, states that each provision of the addendum is effective only to the extent that the jurisdictional requirements of the Wisconsin Fair Dealership Law are met independently, without reference to the addendum. Similarly, Exhibit B-4, regarding Maryland, states that each provision of the Maryland Amendment is effective only to the extent that the jurisdictional requirements of the Maryland Franchise Registration and Disclosure Law are met independently without reference to the Maryland Amendment.

These clauses mean that if a particular part of the Floors To Go franchise agreement is found to be unenforceable under Wisconsin or Maryland law, that specific part will be considered separate from the rest of the agreement and will not invalidate the entire contract, but only if the jurisdictional requirements are met independently. This type of provision is included to ensure that the franchise agreement remains as intact as possible, even if certain clauses are challenged and deemed invalid under specific state laws.

Prospective Floors To Go franchisees should be aware that the enforceability of specific clauses within the franchise agreement can vary by state. It is advisable to consult with a legal professional to understand how local laws may affect the franchise agreement and to assess the implications of these state-specific severability provisions. Understanding these nuances is crucial for making an informed decision about investing in a Floors To Go franchise.