Does the Southern Steer Franchise Agreement supersede prior agreements between the parties?
Southern_Steer Franchise · 2025 FDDAnswer from 2025 FDD Document
The provisions of this Agreement which conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. All other provisions of this Agreement will be enforceable as originally made and entered into upon the execution of this Agreement by the Franchisee and the Franchisor.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the Franchise Agreement's provisions that conflict with or are inconsistent with applicable governing law will be superseded or modified by that law, but only to the extent of the inconsistency. This means that while the agreement is intended to be comprehensive, local, state, and federal laws take precedence where conflicts exist. All other provisions of the Franchise Agreement remain enforceable as originally written once the franchisee and Southern Steer execute the agreement.
This clause is a standard legal protection for franchisors. It acknowledges that franchise agreements cannot override statutory or regulatory requirements. For a prospective Southern Steer franchisee, this means understanding both the Franchise Agreement and the relevant laws in their state or locality is crucial. If a specific term in the agreement seems to contradict local laws, the laws will likely prevail.
Prospective franchisees should consult with a legal professional to identify any potential conflicts between the Franchise Agreement and applicable laws in their area. This due diligence can help avoid misunderstandings or disputes later on. The FDD also mentions that Southern Steer advises franchisees to consult with advisors of their own choosing and that franchisees have been given ample time to do so before signing the agreement.