factual

Does the Gokhale Method franchise agreement specify any exceptions to the force majeure clause?

Gokhale_Method Franchise · 2024 FDD

Answer from 2024 FDD Document

25.1. Non-Performance or Delay. Neither party shall be responsible to the other for non performance or delay in performance occasioned by causes beyond its control, including without limiting the generality of the foregoing: Acts of God, strikes, war, riot, epidemic, fire or other natural catastrophe, terrorist acts or government actions resulting from terrorist acts, or other forces beyond your or our control, as applicable, that materially and adversely affect your ability to perform your or our obligations under this Agreement or the condition, use or operation of your Franchised Business or which materially and adversely affect our ability to perform our obligations under this Agreement.

Source: Item 22 — CONTRACTS (FDD page 34)

What This Means (2024 FDD)

According to the 2024 Gokhale Method Franchise Disclosure Document, the franchise agreement outlines a force majeure clause without specifying any exceptions. The clause generally excuses either party from non-performance or delays caused by events beyond their control.

These events include Acts of God, strikes, war, riot, epidemic, fire or other natural catastrophe, terrorist acts or government actions resulting from terrorist acts, or other forces beyond your or our control. These events must materially and adversely affect the ability of the franchisee or Gokhale Method to perform their obligations under the agreement or impact the condition, use, or operation of the franchised business.

In essence, this clause provides a degree of protection for both the franchisee and Gokhale Method in the event of extraordinary circumstances that prevent them from fulfilling their contractual duties. However, the clause does not list any specific situations or conditions that would be excluded from force majeure, meaning its application would likely depend on the specific facts and circumstances of each situation.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.