Do any other agreements limit Bigfoot Forestry's right to use or sublicense the trademarks?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
On June 14, 2024, we entered into an Intellectual Property License Agreement with ASCV (the "License Agreement"). Under the terms of the License Agreement, ASCV granted us the right to use the Marks in the Bigfoot Forestry System and sublicense the Marks to our franchisees. The term of the License Agreement automatically renews annually, unless it is terminated in accordance with its terms. ASCV is permitted to terminate the License Agreement only if we: (a) declare bankruptcy or become insolvent; (b) breach ASCV's quality control standards and fail to cure the breach within a 60-day cure period; or (c) consent to the termination. If the License Agreement is terminated, it states all sublicenses granted by us to our franchisees will continue in full force and effect until the expiration or termination of the applicable franchise agreement. No other agreements limit our right to use or sublicense use of the Marks.
Source: Item 13 — TRADEMARKS (FDD page 31)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, besides the Intellectual Property License Agreement with ASCV, no other agreements limit Bigfoot Forestry's right to use or sublicense the trademarks. Bigfoot Forestry entered into an Intellectual Property License Agreement with ASCV on June 14, 2024, which grants Bigfoot Forestry the right to use the marks in the Bigfoot Forestry System and sublicense the marks to its franchisees. The agreement automatically renews annually unless terminated.
ASCV can only terminate the License Agreement if Bigfoot Forestry declares bankruptcy or becomes insolvent, breaches ASCV's quality control standards and fails to cure the breach within 60 days, or consents to the termination. Importantly, if the License Agreement is terminated, all sublicenses granted to franchisees will remain in effect until the expiration or termination of the applicable franchise agreement.
This arrangement provides some security for franchisees. Even if the overarching license between Bigfoot Forestry and ASCV is terminated, the franchisee's right to use the trademarks continues for the duration of their franchise agreement. This is a crucial protection, as trademark usage is vital for brand recognition and business operations. Prospective franchisees should carefully review the Intellectual Property License Agreement to fully understand the conditions under which it could be terminated and the implications for their franchise.