What happens to the rest of the Mrcool agreement if a term is severed?
Mrcool Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) Each section of this Agreement, including each subsection and portion thereof, is severable. In the event that 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 reasonable in scope, duration and geographic area.
Source: Item 23 — RECEIPTS (FDD pages 55–263)
What This Means (2025 FDD)
According to Mrcool's 2025 Franchise Disclosure Document, the agreement contains a severability clause. This means that if any part of the agreement is deemed unenforceable, it will not invalidate the remaining sections, subsections, or portions of the agreement.
Specifically, the clause states that if a section is found unenforceable, the other parts of the agreement will still be valid and enforceable. Additionally, the agreement specifies that a court has the power to impose limitations on the terms of the agreement to make them reasonable in scope, duration, and geographic area.
This clause protects the overall validity of the Mrcool franchise agreement. It ensures that minor issues with specific terms do not jeopardize the entire contract. This is a fairly standard provision in franchise agreements, designed to maintain the agreement's integrity as much as possible while allowing for judicial adjustments if needed.