Which state's laws govern the Bigfoot Forestry Franchise Agreement and Supplemental Agreements?
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 the 2025 Bigfoot Forestry Franchise Disclosure Document, the Franchise Agreement and the franchise relationship are generally governed by the laws of South Carolina. Specifically, this is without reference to South Carolina's principles of conflicts of law. However, if any South Carolina law regulates the offer and sale of franchises or the relationship between a franchisor and franchisee, those laws will only apply if their jurisdictional requirements are met independently, without relying on this particular section of the agreement.
This means that while South Carolina law is the default, other state or federal laws could take precedence depending on the specific circumstances and jurisdictional requirements. A prospective Bigfoot Forestry franchisee should be aware that the governing law might shift based on the location of their franchise and the nature of any legal dispute that arises.
It is also important to note that certain states require modifications to the Franchise Agreement and related documents through a State-Specific Addendum. These addenda, applicable in states like California, Hawaii, Illinois, and others, will override any inconsistent provisions in the main agreement but only for franchisees meeting the requirements of that specific state. Therefore, franchisees should carefully review any State Addendum applicable to their location to understand any deviations from the standard South Carolina governing law.