If a provision in the Fly Fitness franchise agreement is declared invalid, what is the extent of the invalidity?

According to Fly Fitness's 2024 Franchise Disclosure Document, if any provision in the franchise agreement is declared invalid, the invalidity applies only to the extent of the prohibition. This means that the rest of the agreement remains in effect, and only the specific invalid provision is affected.

For a prospective Fly Fitness franchisee, this clause offers some protection. If a single clause is found to be unenforceable, the entire agreement does not fall apart. This is a fairly standard clause in franchise agreements, as it allows the relationship to continue even if minor issues arise.

However, it's important to understand what "to the extent of the prohibition" means in practice. A franchisee should seek legal counsel to understand which specific provisions might be at risk of being deemed invalid under applicable laws and what the practical consequences would be if such a provision were struck down. This clause does not protect against all possible negative outcomes, but it does provide a degree of stability to the overall agreement.