Does the Spray Net agreement state that any reduction in scope of the noncompetition provisions will not render other parts unenforceable?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
It is the parties' intent that the provisions of this Article III be judicially enforced to the fullest extent permissible under applicable law.
Accordingly, the parties agree that any reduction in scope or modification of any part of the noncompetition provisions contained herein shall not render any other part unenforceable.
In the event of the actual or threatened breach of this Article III by you, any of your principals, or any members of their immediate family, Franchisor shall be entitled to an injunction restraining such person from any such actual or threatened breach.
You agree that in the event of the actual or threatened breach of this Article III, Franchisor's harm will be irreparable and that Franchisor has no adequate remedy at law to prevent such harm.
You acknowledge and agree that each of you has previously worked or been gainfully employed in other careers and that the provisions of this
Article III in no way prevents you from earning a living. You further acknowledge and agree that the time limitation of this Article III shall be tolled during any default under this Guaranty.
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to the 2025 Spray Net Franchise Disclosure Document, the franchise agreement states that if there is any reduction or modification to any part of the noncompetition provisions, it will not make any other part of the noncompetition agreement unenforceable. Spray Net intends for the noncompetition provisions to be enforced as much as the law allows.
Spray Net also states that if a franchisee, any of their principals, or any members of their immediate family, actually or threaten to breach the noncompetition agreement, Spray Net is entitled to a court order preventing that person from breaching the agreement. Spray Net states that if the noncompetition agreement is breached or threatened to be breached, the harm to Spray Net will be irreparable and Spray Net will not have an adequate remedy to prevent the harm.
The agreement also states that each franchisee has worked or been employed in other careers and the noncompetition agreement does not prevent them from earning a living. The time limitation of the noncompetition agreement will be extended during any default under the Guaranty.