If a law conflicts with the Bigfoot Forestry agreement, which terms prevail?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
- **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)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, if any applicable law imposes mandatory terms that conflict with the franchise agreement, the terms required by law will govern to the extent of the inconsistency. This means that Bigfoot Forestry cannot enforce any part of the franchise agreement that violates a mandatory legal requirement. This provision ensures that franchisees are protected by the law, even if the franchise agreement attempts to override those protections.
This clause is fairly standard in franchise agreements. It protects the franchisee from being held to contractual terms that are illegal or unenforceable. It also acknowledges that laws and regulations can change, and the franchise agreement must adapt to those changes.
Additionally, the agreement states that each section of the agreement is severable. If a court or arbitrator finds any promise or covenant in the agreement to be unreasonable or unenforceable, Bigfoot Forestry or the court/arbitrator can modify the promise or covenant to the minimum extent necessary to make it enforceable. This ensures that as much of the original agreement as possible remains in effect, even if some parts are deemed invalid.