Are the provisions of the Healthsource Chiropractic addendum considered severable?
Healthsource_Chiropractic Franchise · 2025 FDDAnswer from 2025 FDD Document
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- No Other Changes to the Franchise Agreement. Except for the provisions set forth above, this Addendum does not change any of the provisions of the Franchise Agreement and you remain subject to all of the obligations and other provisions contained therein. This Addendum is part of the Franchise Agreement and is governed by all of the terms and conditions of the Franchise Agreement that are not changed by or inconsistent with this Addendum.
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- Independent Provisions. The provisions of this Addendum are deemed to be severable. In other words, the parties agree that each provision of this Addendum will be construed as independent of any other provision of this Addendum. If any term or provision of this Addendum shall be held invalid, illegal or unenforceable, the validity of all other terms and provisions hereof shall in no way be affected thereby.
HEALTHSOURCE CHIROPRACTIC, LLC FRANCHISE OWNER
Source: Item 23 — Receipts (FDD pages 77–282)
What This Means (2025 FDD)
According to the 2025 Healthsource Chiropractic Franchise Disclosure Document, the provisions of the addendum to the franchise agreement are considered severable. This means that if any part of the addendum is found to be invalid, illegal, or unenforceable, it will not affect the validity of the remaining terms and provisions. Each provision is to be construed as independent of the others. This is a common clause in franchise agreements to protect the overall enforceability of the contract.
For a prospective Healthsource Chiropractic franchisee, this severability clause offers some assurance that the entire agreement will not be nullified if a single provision is challenged and deemed unenforceable. This can be beneficial because it allows the franchise relationship to continue under the remaining valid terms, rather than facing complete termination or renegotiation due to one problematic clause.
However, franchisees should still carefully review all provisions of the franchise agreement and any addenda with legal counsel to understand their rights and obligations. While the severability clause aims to preserve the agreement, it does not guarantee that the remaining provisions will be favorable to the franchisee if a key term is removed. Franchisees should also be aware that Healthsource Chiropractic is entitled to recover all costs, including attorney's fees, incurred in connection with the enforcement of the Franchise Agreement and the addendum.