What happens to the remaining provisions of the Kidokinetics franchise agreement if a part of the agreement is declared invalid?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
- 20.3. Invalidity of Part of Agreement.
Should any provisions in this Agreement, for any reason, be declared by a court of competent jurisdiction to be invalid, then such provision will be invalid only to the extent of the prohibition without in any way invalidating or altering any other provision of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, if a court deems any provision of the franchise agreement invalid, the remaining provisions of the agreement will still be valid and remain in effect. The specific provision deemed invalid will only be invalid to the extent of the prohibition, without affecting the validity or altering any other part of the agreement. This clause ensures that the entire agreement does not become void due to one invalid provision.
This is a fairly standard clause in franchise agreements. It protects the franchisor and franchisee by ensuring that the entire agreement doesn't fall apart due to a single issue. It allows the rest of the contractual relationship to continue uninterrupted.
For a prospective Kidokinetics franchisee, this means that even if a specific part of the agreement is later found to be unenforceable, the rest of the agreement remains in full force and effect. This provides a level of security and predictability in the franchise relationship, as it prevents minor issues from derailing the entire agreement.