What happens to the Kidokinetics release if one of its provisions is deemed invalid or unenforceable?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
- d. Each section of this Agreement, including each subsection and portion, is severable. If any section, subsection, or portion of this Agreement is unenforceable, it shall not affect the enforceability of any other section, subsection, or portion; and each party to this Agreement agrees that the court may impose such limitations on the terms of this Agreement as it deems in its discretion necessary to make such terms enforceable.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, the agreement contains a severability clause. This means that if any section, subsection, or portion of the agreement is deemed unenforceable, it will not invalidate the remaining parts of the agreement.
Instead, the parties agree that the court can impose limitations on the terms of the agreement to make them enforceable. This ensures that as much of the original agreement as possible remains in effect, even if some parts are found to be invalid.
This is a fairly standard provision in franchise agreements. It protects the overall contract by allowing courts to modify or remove specific problematic clauses while upholding the rest of the agreement. This prevents the entire agreement from being thrown out due to a single unenforceable provision, which could have significant legal and financial consequences for both Kidokinetics and the franchisee.