If a provision of the Floyds 99 agreement is deemed unenforceable, what happens to the other provisions?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
If any provision of this Agreement shall be held, declared or pronounced void, voidable, invalid, unenforceable or inoperative for any reason, by any court of competent jurisdiction, government authority or otherwise, such holding, declaration or pronouncement shall not affect adversely any other provisions of this Agreement which shall otherwise remain in full force and effect.
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, if a provision within the Franchise Agreement is deemed unenforceable, the remaining provisions of the agreement will still remain valid and in effect. This is due to the 'Severability' clause in the agreement. This clause ensures that the entire agreement isn't voided due to one unenforceable item.
For a prospective Floyds 99 franchisee, this is beneficial because it provides a level of security. If a single clause is found to be invalid, the entire franchise agreement doesn't collapse, which could have significant legal and financial repercussions. This clause helps maintain the stability of the franchise relationship, as the core operational and financial terms remain in force.
However, franchisees should be aware of state-specific addenda that may modify this general rule. For example, addenda for states like California, North Dakota, Rhode Island, and Virginia include provisions that may override certain aspects of the standard agreement based on local laws. It is important to review these addenda carefully to understand how they might affect the enforceability of specific clauses within the Floyds 99 Franchise Agreement.