What happens if a provision in the Fly Fitness agreement is declared 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 within the agreement is declared invalid, such provision will only be considered invalid to the extent of the prohibition. This means that the rest of the agreement remains in effect.
This clause ensures that the entire agreement does not become void due to one unenforceable item. For a prospective Fly Fitness franchisee, this is beneficial because it provides stability and reduces the risk that a single legal challenge could undermine the entire contractual relationship with Fly Fitness.
This type of clause is fairly standard in franchise agreements. It reflects an effort to maintain the integrity of the agreement as a whole, even if specific parts are successfully challenged. Franchisees should be aware of this clause, understanding that most of the agreement will likely remain enforceable even if a particular provision is found to be invalid.