What constitutes an 'Improvement' for purposes of section 17.5 in the Bigfoot Forestry FDD?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
- **17.5.
Improvements**. 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, section 17.5 addresses 'Improvements'. If a franchisee, their owner, or an employee develops an 'Improvement', they must notify Bigfoot Forestry with a description of it. The franchisee must then obtain approval from Bigfoot Forestry before using the 'Improvement' in their business.
If Bigfoot Forestry approves the 'Improvement', they and anyone they authorize to operate a Bigfoot Forestry Business can use it without paying royalties or other fees to the franchisee or anyone else. The franchisee, owner, or employee must assign ownership of the 'Improvement' to Bigfoot Forestry or their designee, at no charge. This assignment includes all associated intellectual property rights, including the right to grant sublicenses.
However, if applicable law prevents the franchisee from assigning ownership, they must grant Bigfoot Forestry a perpetual, royalty-free license to use, commercialize, and sublicense the 'Improvement' in any manner Bigfoot Forestry deems appropriate. This clause ensures that Bigfoot Forestry can benefit from any innovations developed within the franchise system, even if legal restrictions prevent a full transfer of ownership.