What does a Bigfoot Forestry franchisee agree to regarding the reasonableness of the covenants in §3?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
Each section of this Agreement (and portion thereof) is severable.
If applicable Law imposes mandatory terms that conflict with this Agreement, the terms required by such Law shall govern to the extent of the inconsistency.
If a court or arbitrator concludes any promise or covenant in this Agreement is unreasonable or unenforceable, we or the court or arbitrator may modify such promise or covenant to the minimum extent necessary to make it enforceable.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, each section of the agreement is severable. This means that if a court or arbitrator finds any promise or covenant within the agreement, including those in §3, to be unreasonable or unenforceable, Bigfoot Forestry or the court/arbitrator has the right to modify the promise or covenant. The modification will only extend to the minimum extent necessary to make the covenant enforceable.
This provision protects both the franchisee and franchisor. It ensures that overly broad or restrictive clauses can be adjusted to be fair and reasonable, rather than invalidating the entire agreement. This is a fairly standard clause in franchise agreements, as it allows for flexibility and adaptation to specific legal requirements or circumstances.
For a prospective Bigfoot Forestry franchisee, this means that if they feel a specific covenant is unduly burdensome, there is a mechanism for review and potential modification. However, it's important to understand that the covenant will likely only be changed to the minimum extent required to make it enforceable, so franchisees should still carefully consider the implications of all covenants before signing the agreement.