Does the Fly Fitness agreement become invalid if one of its provisions is prohibited?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
- 11.3 Invalidity of Part of Agreement. Should any provisions in this Agreement, for any reason, be declared invalid, then such provision shall be invalid only to the extent of the
- prohibition without in any way invalidating or altering any other provision of this Agreement.
Source: Item 23 — RECEIPT (FDD pages 45–182)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, the agreement's validity is protected even if a provision is deemed invalid. The document states that if any provision is declared invalid, it will only be invalid to the extent of the prohibition. This means that the rest of the agreement remains in effect, ensuring that the entire contract is not invalidated by a single unenforceable clause. This clause applies to the agreement between Fly Fitness and the developer.
This clause is a fairly standard provision in franchise agreements. It is designed to protect both the franchisor and the franchisee by ensuring that the entire agreement does not fall apart due to a single point of contention. This is particularly important in franchise agreements, which are often complex and cover a wide range of issues.
For a prospective Fly Fitness franchisee, this clause offers some reassurance. It means that if a court finds a particular clause to be unenforceable, the rest of the agreement will still be binding. However, it is important to note that the clause that is deemed invalid may still have significant implications for the franchisee's business. It is advisable for prospective franchisees to seek legal counsel to fully understand the implications of each clause in the franchise agreement.