What is the consequence if a Bigfoot Forestry franchisee fails to open their business by the deadline?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
- 4.1. Development Schedule. You must develop, open and operate all Bigfoot Forestry Businesses listed in the Development Schedule. Each Franchised Territory you develop is considered a separate Bigfoot Forestry Business. You must develop and open each Bigfoot Forestry Business in strict compliance with the opening dates set forth in the Development Schedule. We may, in our sole discretion, extend one or more opening dates listed in the Development Schedule if you demonstrate to our satisfaction that you used best efforts to comply with the opening date and the need for the extension is due to unforeseeable delays rather than your lack diligence or funding. The opening date listed in the Development Schedule for a given Bigfoot Forestry Business may be earlier than the opening date required under the terms of the associated Franchise Agreement. In order to comply with the Development Schedule you must open each Bigfoot Forestry Business by the opening date listed in the Development Schedule even if such date is earlier than the opening date required by the associated Franchise Agreement.
- 4.2. Reasonableness of Development Schedule. You represent that you: (a) have conducted your own independent investigation and analysis of the prospects for development of the Bigfoot Forestry Businesses in the Development Territory; (b) approve the Development Schedule as being reasonable and viable; and (c) recognize that any breach of the Development Schedule is a material breach of this Agreement.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to the 2025 Bigfoot Forestry Franchise Disclosure Document, failing to meet the development schedule outlined in the agreement constitutes a material breach of the agreement. The franchisee must develop, open, and operate all Bigfoot Forestry businesses as listed in the Development Schedule, with each franchised territory considered a separate business.
Bigfoot Forestry may, at its discretion, extend the opening dates if the franchisee demonstrates they used their best efforts to comply but experienced unforeseeable delays beyond their control. However, the franchisee represents that they have independently investigated the prospects for development and approve the Development Schedule as reasonable and viable.
This means that a prospective Bigfoot Forestry franchisee needs to carefully consider the development schedule and their ability to meet it. Failure to do so could result in a breach of contract, potentially leading to termination of the franchise agreement and loss of investment. It is crucial to conduct thorough due diligence and ensure sufficient resources are available to meet the agreed-upon opening dates.