To what extent is an invalid provision in the Fly Fitness agreement considered invalid?
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, if any provision in the agreement is declared invalid, it will only be invalid to the extent of the prohibition. This means that the rest of the agreement will remain in effect, and only the specific invalid provision will be unenforceable.
This clause ensures that the entire agreement does not become void due to a single unenforceable provision. This is a fairly standard clause in franchise agreements, as it protects the franchisor's interests by maintaining the overall integrity of the contract. It also provides some assurance to the franchisee that the entire agreement won't be nullified due to a minor issue.
For a prospective Fly Fitness franchisee, this means that if a court finds a particular clause to be unenforceable, the rest of the franchise agreement will still be binding. It is important to understand the implications of each provision in the agreement and to seek legal counsel if there are any concerns about the enforceability of specific clauses.