Who is considered 'us' in the Bigfoot Forestry Franchise Owner Agreement?

According to Bigfoot Forestry's 2025 Franchise Disclosure Document, the term "us" in the Confidentiality Agreement attached to the Franchise Agreement refers to Bigfoot Franchising, LLC, a South Carolina limited liability company, and its successors and assigns. This definition is important because it clarifies who the franchisee is entering into the agreement with and who holds the rights and benefits under the agreement.

This means that Bigfoot Franchising, LLC, as the franchisor, can assign its rights and obligations to another party, who would then become "us" under the agreement. This is a common practice in franchising, as franchisors may sell their business or merge with another company. The franchisee should be aware that the franchisor they initially contract with may not be the same entity throughout the term of the agreement.

The definition of "us" also impacts the interpretation of other clauses in the Franchise Agreement and related documents. For example, any rights or remedies that Bigfoot Forestry, LLC has under the agreement can be exercised by its successors or assigns. Therefore, it is crucial for a prospective franchisee to understand who "us" refers to, as it defines the parties with whom they are contracting and who can enforce the terms of the agreement.

Furthermore, the Confidentiality Agreement specifies that the franchisee is entering the agreement "in favor of" Bigfoot Franchising, LLC and its successors and assigns. This language reinforces the franchisor's ability to transfer its rights and interests under the agreement, ensuring that the confidentiality obligations remain in place even if the franchisor's ownership or structure changes.