If a section of the Kidokinetics agreement is unenforceable, does it affect the enforceability of other sections?
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 franchise agreement contains a severability clause. This means that if a specific section, subsection, or portion of the agreement is deemed unenforceable, it does not automatically invalidate the remaining parts of the agreement.
The document specifies that each section of the agreement is considered independently enforceable. If a court finds a particular term unenforceable, it has the authority to impose limitations to make the term enforceable, ensuring the rest of the agreement remains valid.
For a prospective Kidokinetics franchisee, this clause offers a degree of protection. If a specific clause is later found to be overly broad or unreasonable, the entire agreement will not be voided. Instead, the court will attempt to modify the problematic term to make it enforceable while upholding the rest of the contract. This is a fairly standard provision in franchise agreements, designed to maintain the overall integrity of the contract even if specific parts are challenged.