What happens if a provision of the Fly Fitness Guaranty is determined to be illegal?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
- 21.3.
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 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, if any provision within 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 will not be altered or invalidated.
This clause ensures that as much of the original agreement as possible remains enforceable. It prevents a single invalid provision from nullifying the entire contract, which could have significant legal and financial repercussions for both Fly Fitness and the franchisee.
This type of clause is standard in franchise agreements. It reflects an effort to maintain the contractual relationship even if specific terms are challenged or found unenforceable. Franchisees should be aware of this clause, as it means they are still bound by the remaining provisions of the agreement, even if one part is deemed invalid.