If a provision of the Kidokinetics Release agreement is held invalid, does it affect the other provisions of the Release?
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, each section of the Release agreement, including each subsection and portion, is severable. This means that if a court finds any part of the agreement unenforceable, it will not affect the enforceability of the remaining sections, subsections, or portions.
Kidokinetics also agrees that the court may impose limitations on the terms of the Release agreement if it deems necessary to make such terms enforceable. This provision ensures that the Release agreement remains as effective as possible, even if some parts are challenged or found to be invalid.
This severability clause is a common legal safeguard in franchise agreements. It protects the overall agreement from being invalidated due to a problem with a single provision. Prospective Kidokinetics franchisees can be assured that the Release agreement is designed to remain effective and enforceable to the fullest extent possible under the law.