What is the expectation of each party regarding the provisions of the Precision Door Service agreement?
Precision_Door_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
to the following provisions:
- A. Severability. Should one or more clauses of this Agreement be held void or unenforceable for any reason by any court of competent jurisdiction, such clause or clauses will be deemed to be separable in such jurisdiction and the remainder of this Agreement is valid and in full force and effect and the terms of this Agreement must be equitably adjusted so as to compensate the appropriate party for any consideration lost because of the elimination of such clause or clauses. It is the intent and expectation of each party that each provision of this Agreement will be honored, carried out and enforced as written. Consequently, each party agrees that any provision of this Agreement sought to be enforced in any proceeding must, at the election of the party seeking enforcement and notwithstanding the availability of an adequate remedy at law, be enforced by specific performance or any other equitable remedy.
- B. Waiver/Integration/Amendments. No waiver by us of any breach by you, nor any delay or failure by us to enforce any provision of this Agreement, may be deemed to be a waiver of any other or subsequent breach or be deemed a bar or an estoppel to enforce our rights with respect to that or any other or subsequent breach. Subject to our rights to modify the Operations Manual and/or standards and as otherwise provided herein, this Agreement may not be waived, altered or rescinded, in whole or in part, except by a writing signed by you and us. This Agreement together with
Source: Item 22 — Contracts (FDD pages 91–92)
What This Means (2025 FDD)
According to the 2025 Precision Door Service FDD, both Precision Door Service and the franchisee are expected to fully honor, carry out, and enforce every provision outlined in the Franchise Agreement as it is written. This means that both parties are entering into the agreement with the understanding that its terms are binding and will be upheld.
Specifically, Precision Door Service and the franchisee both agree that any provision of the Agreement that needs to be enforced will be subject to specific performance or any other equitable remedy, if the party seeking enforcement chooses, regardless of whether there is an adequate remedy available through law. This highlights the importance Precision Door Service places on adherence to the contract's specifics and suggests a willingness to pursue equitable solutions to ensure compliance.
Furthermore, the Franchise Agreement, along with its addenda and appendices, constitutes the entire agreement between Precision Door Service and the franchisee, superseding any prior negotiations or understandings. However, the agreement does not disclaim any representations made by Precision Door Service in the Disclosure Document provided to the franchisee. Any modifications to the agreement requested by the franchisee will incur a processing fee, currently $300. These stipulations reinforce the comprehensive nature of the written agreement and the formal process for any changes.