What agreements are NOT superseded by the Southern Steer franchise agreement?
Southern_Steer Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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 The provisions of this Agreement which conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. All other provisions of this Agreement will be enforceable as originally made and entered into upon the execution of this Agreement by the Franchisee and the Franchisor.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 will be governed by the laws of Florida, except to the extent governed by the United States Trademark Act of 1946. The provisions of the agreement that conflict with or are inconsistent with applicable governing law will be superseded or modified by such applicable law only to the extent such provisions are inconsistent. All other provisions of the agreement will be enforceable as originally made.
Applicable state laws and court decisions may supersede the provisions of the Southern Steer franchise agreement relating to the franchisee's relationship with Southern Steer in the areas of termination and renewal of the Southern Steer Business.
In essence, while the franchise agreement is intended to be comprehensive, certain federal laws (like trademark regulations) and specific state laws regarding franchise termination and renewal can take precedence over conflicting terms in the agreement. This ensures that franchisees retain certain rights and protections mandated by law, regardless of what the franchise agreement might state. Prospective franchisees should be aware of the specific laws in their state that could affect their franchise agreement with Southern Steer.