Does the Bigfoot Forestry agreement allow for implied agreements?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
Neither party may: (a)
- make any express or implied agreement, warranty or representation, or incur any debt, in the name of or on behalf of the other; or (b) represent that our relationship is other than franchisor and franchisee.
Neither party is obligated by any agreement or representation made by the other party unless expressly authorized by this Agreement.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to the 2025 Bigfoot Forestry FDD, the franchise agreement explicitly restricts the creation of implied agreements. Specifically, neither the franchisor nor the franchisee is allowed to make any implied agreements in the name of or on behalf of the other party. This provision aims to prevent either party from being bound by commitments or representations made by the other, unless those commitments are expressly authorized within the franchise agreement.
This aspect of the agreement is crucial for prospective franchisees to understand. It means that any promises, assurances, or understandings that are not written into the franchise agreement or explicitly authorized by Bigfoot Forestry are not binding. Franchisees must ensure that all important terms and conditions are documented in writing to avoid potential disputes or misunderstandings later on.
This clause protects both Bigfoot Forestry and its franchisees by ensuring that each party is only responsible for what is explicitly agreed upon. It aligns with standard franchising practices, where the written agreement is the ultimate source of obligations and rights. Franchisees should be diligent in reviewing and understanding the entire agreement before signing, and seek clarification on any points that are unclear to ensure all expectations are documented.