Can Bigfoot Forestry assign the Franchise Agreement without notifying the franchisee?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
19. TRANSFERS
- 19.1. By Us. This Agreement is fully assignable by us (without prior notice to you) and shall inure to the benefit of any assignee(s) or other legal successor(s) to our interest in this Agreement, provided that we shall, subsequent to any such assignment, remain liable for any obligations incurred by us prior to the effective date of the assignment. We may also delegate our obligations under this Agreement to one or more Persons without assigning the Agreement.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, Bigfoot Forestry can assign the Franchise Agreement without providing prior notice to the franchisee. The agreement is fully assignable by Bigfoot Forestry, and this assignment benefits any assignee or legal successor with interest in the agreement. However, Bigfoot Forestry remains liable for any obligations incurred before the assignment's effective date.
Bigfoot Forestry also has the option to delegate its obligations under the Franchise Agreement to one or more persons without formally assigning the agreement itself. This provides Bigfoot Forestry with flexibility in managing its responsibilities and potentially streamlining operations.
For a prospective franchisee, this means that the entity they initially contracted with may change during the term of the agreement. While Bigfoot Forestry remains responsible for prior obligations, the franchisee will need to adapt to a new point of contact and potentially different management practices under the assignee. It is a fairly common practice in franchising to allow the franchisor to assign the agreement, as it allows the franchisor to sell the franchise system or reorganize the business.