Which state's laws govern the Bigfoot Forestry Franchise Agreement?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, the Franchise Agreement and the franchise relationship are generally governed by the laws of South Carolina. This is without reference to South Carolina's principles of conflicts of law. However, any South Carolina law that specifically regulates the offer and sale of franchises or the relationship between a franchisor and franchisee will not apply unless its jurisdictional requirements are met independently, without relying on this general provision.
This means that while South Carolina law generally applies, if another state has specific franchise laws that would normally apply based on the franchisee's location or other factors, those laws could take precedence. This ensures that franchisees are protected by the specific franchise regulations of their own state if those regulations are applicable.
It is important for a prospective Bigfoot Forestry franchisee to understand which state laws will govern their agreement, as this can affect their rights and obligations. Franchisees should consult with a legal professional to determine the specific laws that apply to their situation, especially if they are not located in South Carolina or if they have any concerns about the enforceability of certain provisions in the Franchise Agreement. Additionally, certain states require modifications to the FDD, Franchise Agreement, and other related documents through a State-Specific Addendum, which would then override any inconsistent provision of the FDD, Franchise Agreement, or any Supplemental Documents.