If a Southern Steer operating procedure is invalid under applicable law, how is it handled?
Southern_Steer Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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 Multi-Unit Developer will be governed by the laws of the State of Florida, unless applicable state law specifically provides to the contrary; and further provided that the parties expressly agrees that this Agreement is not intended to confer on any Franchisee that is not operating a Southern Steer Business in, or a resident of, the State of Florida the benefit of the Florida franchise law or any other Florida law providing specific protection to franchisees residing in 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 The provisions of this Agreement which conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. All other provisions of this Agreement will be enforceable as originally made and entered into upon the execution of this Agreement by the Multi-Unit Developer and the Franchisor.
Source: Item 5 — and 7 of the FDD, Section 3.1 of the Franchise Agreement and Section 4.1 of the Multi-Unit Development Agreement are hereby amended to state that payment of the initial franchise fee and development fee will be deferred until We have satisfied Our pre-opening obligations, and You have commenced business operations. (FDD pages 168–290)
What This Means (2025 FDD)
According to the 2025 Southern Steer Franchise Disclosure Document, if any provision within the franchise agreement conflicts with or is inconsistent with the applicable governing law, the law will take precedence. The specific provision in conflict will be superseded or modified only to the extent of the inconsistency. All other provisions of the agreement will remain enforceable as originally written.
This means that a prospective Southern Steer franchisee is not entirely bound by the franchise agreement if certain aspects of it violate the law. The legal statutes in the relevant jurisdiction will override those specific points of conflict, providing a degree of protection for the franchisee.
However, it is important to note that this "severability" clause applies only to the parts of the agreement that are directly inconsistent with the law. The rest of the agreement remains in full effect. Therefore, franchisees should seek legal counsel to fully understand their rights and obligations, and to identify any potential conflicts between the franchise agreement and applicable laws.