What is the implication if the execution of the Bigfoot Forestry agreement violates any applicable law?
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 the 2025 Bigfoot Forestry Franchise Disclosure Document, if any applicable law imposes mandatory terms that conflict with the franchise agreement, the terms required by such law will govern the agreement, but only to the extent of the inconsistency. This means that while Bigfoot Forestry aims to enforce the agreement as written, it recognizes that it cannot override legal requirements.
Furthermore, the agreement includes a severability clause. This means that if a court or arbitrator determines that any promise or covenant within the agreement is unreasonable or unenforceable, Bigfoot Forestry or the court/arbitrator has the option to modify the specific promise or covenant. The modification would be limited to the minimum extent necessary to make the clause enforceable under the applicable law.
In practical terms, this protects both the franchisee and Bigfoot Forestry. It ensures franchisees are not bound by illegal or unenforceable terms, while also allowing the core of the agreement to remain intact and enforceable to the greatest extent possible. Franchisees should be aware of this clause, as it provides a mechanism for resolving potential conflicts between the agreement and mandatory legal requirements.