What state's law governs the Franchise Agreement and Supplemental Agreements for Bigfoot Forestry?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
duration of the franchise relationship. Accordingly, you must immediately notify us of the occurrence of an event or development of a circumstance that might render any of the foregoing representations and warranties false, inaccurate or misleading.
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.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to the 2025 Bigfoot Forestry Franchise Disclosure Document, the Franchise Agreement and the franchise relationship are generally governed by the laws of South Carolina. However, this is without reference to its principles of conflicts of law. This means that if there is a conflict between South Carolina law and federal law, federal law will take precedence. Also, if there is a conflict between South Carolina law and the law of another state, the principles of conflicts of law will be used to determine which state's law applies.
However, 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. This means that if a South Carolina law specifically applies to franchises, that law will only apply if the franchisee is located in South Carolina or if the franchise was offered or sold in South Carolina.
It's also important to note that certain states have laws governing the franchise relationship and franchise documents, and may require modifications to the FDD, Franchise Agreement, Supplemental Agreements, and other documents related to the sale of a franchise. For franchisees in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, and Wisconsin, a State-Specific Addendum will modify these agreements to comply with the applicable state's laws. The terms of the State Addendum will override any inconsistent provision of the FDD, Franchise Agreement, or any Supplemental Documents, but only for the applicable state.