Will the Southern Steer Franchise Agreement supersede any written agreements signed concurrently with it?
Southern_Steer Franchise · 2025 FDDAnswer from 2025 FDD Document
- 24.5.
No Violation of any Other Agreement or Commitment.
The execution and performance of this Agreement by You does not violate or constitute a breach of the terms of any other agreement or commitment to which You are a party.
- 24.6.
Compliance.
Franchisee, Franchisee's Operating Principal, and if Franchisee is a partnership, limited liability company, corporation or other entity, each of Franchisee partners, members, managers, shareholders, Guarantor(s) and Owners, as the case may be, represent that Franchisee and each of them is capable of complying and will comply with this Agreement.
- 24.7.
Consultation with Advisers; Independent Investigation, Acknowledge of Franchisee.
Franchisor has advised Franchisee to consult with advisers of Franchisee's own choosing.
Franchisee have been given ample time to do so before signing this Agreement.
Franchisee has conducted an independent investigation of the Southern Steer Business contemplated by this Agreement and recognize that the success
of Franchisee's Southern Steer Business is speculative, involves a high degree of financial risk and depends, to a large extent, upon Franchisee's ability as an independent business person and Franchisee's skills, initiative, hard work and other factors.
Franchisee understands that Franchisee may sustain losses as a result of the operation or the closing of Franchisee's Southern Steer Business.
Franchisee represents and warrants that Franchisee engaged Franchisee's own legal advisors who are licensed in the Protected Area and who specialize in franchise law to ensure that Franchisee understands Franchisee's obligations under this Agreement and all applicable law(s).
Source: Item 22 — ITEM. 22 CONTRACTS (FDD pages 61–168)
What This Means (2025 FDD)
Based on the 2025 Southern Steer Franchise Disclosure Document, the execution and performance of the Franchise Agreement by the franchisee does not violate or constitute a breach of the terms of any other agreement or commitment to which they are a party. This indicates that the Franchise Agreement is designed to coexist with, and not supersede, any pre-existing agreements the franchisee may have. This clause protects the franchisee from unintentionally breaching other contracts they may be bound by when entering into the Southern Steer Franchise Agreement.
Southern Steer also requires that the franchisee, franchisee's operating principal, and if the franchisee is a partnership, limited liability company, corporation or other entity, each of franchisee partners, members, managers, shareholders, guarantor(s) and owners, as the case may be, represent that franchisee and each of them is capable of complying and will comply with this Agreement. This reinforces the expectation that all parties involved are aware of and capable of fulfilling their obligations under the Franchise Agreement without conflicting with other commitments.
Furthermore, the Southern Steer franchisee represents and warrants that Franchisee engaged Franchisee's own legal advisors who are licensed in the Protected Area and who specialize in franchise law to ensure that Franchisee understands Franchisee's obligations under this Agreement and all applicable law(s). This statement suggests that Southern Steer emphasizes the importance of franchisees seeking independent legal advice to fully understand their obligations and ensure compliance with all relevant laws and agreements. This proactive approach aims to prevent future conflicts or misunderstandings arising from the franchisee's existing commitments.