Are the provisions of the Healthsource Chiropractic agreement considered severable?
Healthsource_Chiropractic Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.18 Independent Provisions. The provisions of this Agreement are deemed to be severable. In other words, the parties agree that each provision of this Agreement will be construed as independent of any other provision of this Agreement.
Source: Item 23 — Receipts (FDD pages 77–282)
What This Means (2025 FDD)
According to Healthsource Chiropractic's 2025 Franchise Disclosure Document, the provisions within the franchise agreement are considered severable. This means that each provision is viewed as independent of the others. If a court finds one part of the agreement to be invalid or unenforceable, the remaining parts will still remain in effect.
This "severability" clause is a fairly standard provision in franchise agreements. It protects the overall contract by ensuring that a single issue doesn't invalidate the entire agreement. For a Healthsource Chiropractic franchisee, this means that even if a specific clause is successfully challenged, the core obligations and rights defined in the rest of the agreement will likely continue to apply.
However, Healthsource Chiropractic also includes clauses addressing situations where specific provisions, particularly those related to non-competition or non-solicitation, are deemed unenforceable. In such cases, the agreement states that the invalid provision will be modified or limited to the extent necessary to make it valid and enforceable, while still aligning with the original intent of both parties. This ensures that Healthsource Chiropractic can still protect its interests to the greatest extent possible under applicable laws.