Can Bigfoot Forestry change its Intellectual Property?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
Intellectual Property" means, collectively or individually, the Business Data, Copyrighted Materials, Improvements, Know-how, Marks and System.
Improvement" means any idea, addition, modification or improvement to the (a) services or products offered or sold by a Bigfoot Forestry Business, (b) method of operation of a Bigfoot Forestry Business, (c) processes, systems, techniques, procedures, equipment or tools utilized by a Bigfoot Forestry Business, (d) marketing, advertising or promotional materials, programs or strategies utilized by a Bigfoot Forestry Business or (e) trademarks, service marks, logos or other intellectual property utilized by a Bigfoot Forestry Business, whether developed by you, Franchisee or any other person.
If you (or your Owner or employee) conceive of or develop an Improvement, you must send us a notice describing the Improvement.
You must obtain our approval prior to using the Improvement.
Any Improvement we approve may be used by us and any Person we authorize to operate a Bigfoot Forestry Business without any obligation to pay royalties or other fees to you or any other Person.
You or your Owner or employee, as applicable, must assign ownership of the Improvement to us or our designee, without charge, together with all associated intellectual property rights, including the right to grant sublicenses.
If applicable Law precludes you from assigning ownership to us, then you must grant us a perpetual royalty-free license to use, commercialize and sublicense the Improvement in any manner we deem appropriate.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, the company has broad rights regarding modifications and ownership of intellectual property. The document defines "Intellectual Property" as encompassing Business Data, Copyrighted Materials, Improvements, Know-how, Marks, and the System used in the Bigfoot Forestry business.
Bigfoot Forestry retains significant control over its intellectual property. Specifically, the franchise agreement stipulates that any "Improvement"—defined as any modification or enhancement to the services, products, operations, processes, marketing, or intellectual property of a Bigfoot Forestry Business—must be disclosed to Bigfoot Forestry. Furthermore, franchisees must obtain approval from Bigfoot Forestry before using any such Improvement.
Moreover, Bigfoot Forestry requires that franchisees assign ownership of any Improvement to them (or their designee) without any charge. This includes all associated intellectual property rights and the right to grant sublicenses. If the franchisee is legally unable to assign ownership, they must grant Bigfoot Forestry a perpetual, royalty-free license to use, commercialize, and sublicense the Improvement as Bigfoot Forestry sees fit. This ensures that Bigfoot Forestry can incorporate franchisee-developed improvements across the entire franchise system without compensating the originating franchisee.
These provisions in the Bigfoot Forestry franchise agreement mean that while franchisees may contribute to the evolution of the Bigfoot Forestry system, Bigfoot Forestry ultimately controls and owns the intellectual property. This is a common arrangement in franchising, allowing the franchisor to maintain brand consistency and leverage successful innovations across the network. However, it also means that franchisees may not directly benefit financially from the improvements they develop, as those improvements become the property of Bigfoot Forestry.