9Franchisor not to impose impossible or unreasonable obligations

#### 9 Franchisor not to impose impossible or unreasonable obligations (1) A corporation shall not enter, as franchisor, into a franchise agreement that contains a provision imposing an obligation on the franchisee that is likely to be impossible or unreasonably onerous to perform at the time when it is required to be performed. (2) Where a franchise agreement contains a provision of a kind referred to in subsection (1), the provision is void. (3) This section shall not be taken to affect the operation of the law relating to frustration of contract. (4) Where a provision of an agreement is rendered void by the operation of subsection (2), the validity of the agreement is not otherwise affected, but, if that provision is not severable, the franchisee may: (a) avoid the agreement; or (b) apply to a court for an order under subsection (5). (5) In any proceedings under subsection (4) in relation to an agreement, the court may make: (a) an order varying the agreement in such manner as the court considers just and equitable for the purpose of enabling the provisions of the agreement to have effect to the extent that they are not rendered void by the operation of subsection (2); and (b) such ancillary or consequential orders as it thinks fit, including orders directing the preparation and execution of documents.