Under what state laws will the Bigfoot Forestry agreement be construed and governed?
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 itself are generally governed by the laws of South Carolina. This means that in most legal disputes arising from the franchise agreement, South Carolina law will be applied. However, this is without reference to South Carolina's principles regarding conflicts of law.
There is an exception to this governing law provision. Any South Carolina law that specifically regulates the offer and sale of franchises or the relationship between a franchisor and franchisee will not apply to the Bigfoot Forestry agreement. This exception only applies if the jurisdictional requirements of that specific South Carolina law are met independently, without relying on the general governing law clause in the franchise agreement.
It is important for prospective franchisees to understand that while South Carolina law generally governs the agreement, specific franchise laws of South Carolina might not apply unless they independently meet the necessary jurisdictional requirements. Franchisees should consult with a legal professional to understand the full implications of the governing law provision and how it may affect their rights and obligations under the Bigfoot Forestry franchise agreement.