What happens if a Bigfoot Forestry franchisee fails to comply with a material law?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
24. GENERAL PROVISIONS
24.1. Governing Law. Except as governed by the United States Trademark Act of 1946 (Lanham Act, 15 U.S.C. §§ 1051, et seq.), this Agreement and the franchise relationship are governed by the Laws of South Carolina without reference to its principles of conflicts of law, but any South Carolina Law that regulates the offer and sale of franchises or business opportunities or governs the relationship of a franchisor and its franchisee will not apply unless its jurisdictional requirements are met independently without reference to this Section.
24.2. Relationship of Parties. Nothing in this Agreement creates a fiduciary relationship between the parties or is intended to make either party an agent, legal representative, partner or employee of the other party. Throughout the Term you must, in all dealings with third parties, conspicuously identify yourself as a franchisee and the independent owner of your Bigfoot Forestry Business. We may require that you display a written notice of independent ownership in the form we prescribe. You must also include a written indication of independent ownership on all agreements, forms, letterhead, advertising materials, business cards and other materials that we specify. Neither party may: (a)
make any express or implied agreement, warranty or representation, or incur any debt, in the name of or on behalf of the other; or (b) represent that our relationship is other than franchisor and franchisee.
Neither party is obligated by any agreement or representation made by the other party unless expressly authorized by this Agreement.
- **24.3.
Severability**.
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)
Based on the 2025 Bigfoot Forestry Franchise Disclosure Document, the agreement and franchise relationship are subject to the laws of South Carolina, excluding any South Carolina laws regulating franchise sales or franchisor-franchisee relationships unless jurisdictional requirements are met independently.
The FDD also states that if any applicable law imposes mandatory terms conflicting with the agreement, those legal terms will govern the inconsistency. Furthermore, if a court or arbitrator deems any promise or covenant in the agreement unreasonable or unenforceable, Bigfoot Forestry or the court/arbitrator can modify the promise or covenant to the minimum extent necessary to make it enforceable.
These general provisions ensure that the franchise agreement remains compliant with applicable laws and regulations. While the FDD does not explicitly detail the consequences of failing to comply with a material law, it does provide mechanisms for addressing inconsistencies and ensuring enforceability, suggesting that any non-compliance would be addressed within this legal framework.