Does Bigfoot Forestry administer a Brand Fund?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
We administer the Brand Fund to promote public awareness of our brand and improve our System. We may use the Brand Fund to pay for any of the following in our discretion:
- developing, distributing or administering advertising and marketing materials and programs
- conducting and administering promotions, contests or giveaways
- public and consumer relations and publicity
- brand development
- sponsorships and charitable and nonprofit donations and events
- research and development of technology, products and services
- website development and search engine optimization
- development, maintenance and promotion of an ecommerce platform
- development and implementation of quality control programs
- conducting market research
- reimbursing us for costs we incur to host franchisee conferences
- changes and improvements to the System
- fees and expenses charged by advertising agencies we engage to provide marketing services
- collecting and accounting for brand fund fees and preparing financial accountings of the Brand Fund
- any other programs or activities we deem appropriate to promote or improve the System
- reimbursing us for administrative, overhead and other expenses we incur to administer the Brand Fund, including compensation paid to our personnel for time spent working on Brand Fund matters
We direct and have complete control and discretion over all advertising programs paid for by the Brand Fund,
including the creative concepts, content, materials, endorsements, frequency, placement and media used. Currently, most advertising is intended to be local or regional in coverage. However, we expect to engage in national advertising efforts as our footprint grows. We may use any media we deem appropriate, including digital, print, television, radio or billboard. The Brand Fund will not be used to pay for advertisements principally directed at selling additional franchises, although consumer advertising may include notations such as "franchises available" and one or more pages on our website may promote the franchise opportunity.
You must pay the brand fund fee we specify from time to time (currently 1% of Gross Sales; not to exceed 3% of Gross Sales). Company-owned Bigfoot Forestry Businesses contribute to the Brand Fund on the same basis as franchisees. However, if we modify the amount or timing of required contributions, any company-owned Bigfoot Forestry Business established or acquired after the modification may contribute to the Brand Fund utilizing the modified amount or timing. Except as stated in this paragraph, we have no obligation to expend our own funds or resources for any marketing activities in your area.
All monies deposited into the Brand Fund that are not used in the fiscal year in which they accrue will be utilized in the following fiscal year. Any surplus of monies may be invested and we may lend money if there is a deficit. An unaudited financial accounting of Brand Fund contributions and expenditures will be prepared annually and made available to you upon request. During the fiscal year ended December 31, 2024 we did not spend any monies from the Brand Fund.
The Brand Fund is not a trust. We have no fiduciary obligations or liability to you with respect to our administration of the Brand Fund. Once established, we may discontinue the Brand Fund on 30 days' notice.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 22–29)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, Bigfoot Forestry does administer a Brand Fund. The purpose of this fund is to promote public awareness of the Bigfoot Forestry brand and to improve the Bigfoot Forestry system. The document specifies that Bigfoot Forestry has complete control and discretion over all advertising programs paid for by the Brand Fund.
The Brand Fund can be used for various purposes at Bigfoot Forestry's discretion, including developing advertising and marketing materials, conducting promotions, public relations, brand development, sponsorships, research and development, website development, quality control programs, market research, franchisee conferences, and improvements to the system. Bigfoot Forestry can also use the fund to reimburse themselves for administrative and overhead expenses related to managing the Brand Fund, including employee compensation.
Franchisees are required to contribute to the Brand Fund, with the current fee set at 1% of Gross Sales, but it cannot exceed 3% of Gross Sales. Company-owned Bigfoot Forestry businesses also contribute to the Brand Fund on the same basis as franchisees. Any monies deposited into the Brand Fund that are not used in the fiscal year in which they accrue will be utilized in the following fiscal year. An unaudited financial accounting of Brand Fund contributions and expenditures will be prepared annually and made available to franchisees upon request. However, during the fiscal year ended December 31, 2024, Bigfoot Forestry did not spend any monies from the Brand Fund.
The Franchise Disclosure Document clarifies that the Brand Fund is not a trust, and Bigfoot Forestry has no fiduciary obligations to franchisees regarding its administration. Bigfoot Forestry reserves the right to discontinue the Brand Fund with 30 days' notice. Prospective franchisees should consider the potential impact of these terms, including the contribution requirements and the franchisor's discretion over fund usage, when evaluating the Bigfoot Forestry franchise opportunity.