How are the provisions of the Remax franchise agreement construed in relation to each other?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
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, each provision within the franchise agreement is considered independently of the others. This means that if one part of the agreement is found to be unenforceable or invalid, it does not automatically invalidate the entire agreement. This is a fairly standard clause in franchise agreements, designed to protect the overall enforceability of the contract.
This "severability" clause offers a degree of security for both Remax and the franchisee. If a specific clause is successfully challenged, the rest of the agreement remains in effect, preventing a complete collapse of the franchise relationship due to a single point of contention. This can be particularly important given the complexity and length of most franchise agreements.
However, franchisees should still carefully review each provision of the Remax franchise agreement with legal counsel. While the independent nature of the provisions protects the agreement as a whole, individual clauses can still have significant impacts on the franchisee's rights and obligations. Understanding each clause is crucial, regardless of the severability clause.