What agreements does the Southern Steer franchise agreement supersede?
Southern_Steer Franchise · 2025 FDDAnswer from 2025 FDD Document
28. GOVERNING LAW; STATE MODIFICATIONS
- 28.1. Governing Law; Severability. Except to the extent governed by the United States Trademark Act of 1946 (Lanham Act, 15 U.S.C. §1051, et seq.), this Agreement and the relationship between the Franchisor and the Franchisee will be governed by the laws of the State of Florida, unless applicable state law specifically provides otherwise, and further provided that the parties expressly agree that this Agreement is not intended to confer on any franchisee that is not a resident of the State of Florida, or operating a Southern Steer Business in the State of Florida, the benefit of the Florida franchise law or any other Florida law providing specific protection to franchisees residing or operating in the State of Florida. The provisions of this Agreement which conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. All other provisions of this Agreement will be enforceable as originally made and entered into upon the execution of this Agreement by the Franchisee and the Franchisor.
- 28.2. Applicable State Laws. If applicable, various states have statutes and regulations which may supersede the provisions of this Agreement relating to the Franchisee's relationship with the Franchisor in the areas of termination and renewal of the Southern Steer Business. Various states may have court decisions that may supersede the provisions of this Agreement in the Franchisee's relationship with the Franchisor in the areas of termination and renewal of the Southern Steer Business.
Source: Item 22 — ITEM. 22 CONTRACTS (FDD pages 61–168)
What This Means (2025 FDD)
According to the 2025 Southern Steer Franchise Disclosure Document, the franchise agreement and the relationship between the franchisor and franchisee are governed by the laws of Florida, except to the extent governed by the United States Trademark Act of 1946. The franchise agreement will supersede provisions that conflict with applicable governing law. However, this superseding or modification only extends to the extent of the inconsistency. All other provisions of the agreement remain enforceable as originally written once executed by both the franchisee and Southern Steer.
This means that if any part of the Southern Steer franchise agreement clashes with federal trademark law or other applicable state laws, those laws will take precedence. For example, state laws regarding franchise termination or renewal might override specific clauses in the Southern Steer agreement. This ensures that franchisees are protected by the legal standards of their state, even if the franchise agreement attempts to set different terms.
However, it's important to note that only the conflicting parts are superseded. The rest of the Southern Steer franchise agreement remains in full effect. Franchisees should be aware of both the franchise agreement's terms and any state-specific laws that might modify those terms, particularly concerning termination and renewal rights. Consulting with a legal professional is advisable to fully understand these interactions and ensure compliance.