According to the Remax franchise agreement, are the provisions considered severable?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
T. INDEPENDENT PROVISIONS.
The provisions of this Agreement are deemed to be severable. In other words, the parties agree that each provision of this Agreement will be construed as independent of any other provision of this Agreement.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to the 2025 Remax Franchise Disclosure Document, the provisions within the franchise agreement are deemed severable. This means that each provision of the agreement is considered independent of the others. If a court finds that one particular provision is unenforceable or invalid, the remaining provisions of the agreement will still remain in full force and effect.
This "severability" clause is a fairly standard provision in franchise agreements. It protects the overall contract from being invalidated entirely due to a problem with one specific section. For a Remax franchisee, this means that even if a particular clause is later found to be unenforceable, the rest of the franchise agreement remains binding.
This clause provides a level of security and predictability for both Remax and its franchisees. It ensures that the core business relationship defined by the agreement continues, even if minor adjustments are required due to legal challenges or changes in regulations. Franchisees should be aware of this clause as it clarifies that the entire agreement does not hinge on any single provision.