What is the definition of 'Improvement' in the context of the Bigfoot Forestry franchise agreement?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
- "Confidential Information" means and includes: (a) Know-How; (b) Business Data; (c) information in the Manual or comprising the System; (d) terms of the Franchise Agreement (and related agreements) signed by Franchisee in connection with the Bigfoot Forestry Business; and (e) all other concepts, ideas, trade secrets, financial information, marketing strategies, expansion strategies, studies, supplier information, customer information, franchisee information, investor information, flow charts, inventions, mask works, improvements, discoveries, standards, specifications, formulae, recipes, designs, sketches, drawings, policies, processes, procedures, methodologies and techniques, together with analyses, compilations, studies or other documents that are: (i) designated as confidential; (ii) known by you to be considered confidential by us; and/or (iii) reasonably to be considered confidential due to their nature.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, the term 'improvements' is included within the definition of 'Confidential Information.' Specifically, Confidential Information includes a comprehensive list of items such as know-how, business data, information in the manual or comprising the system, terms of the Franchise Agreement, and other concepts.
Within this extensive list, improvements are grouped with other intellectual and sensitive business assets like trade secrets, financial information, marketing strategies, expansion strategies, studies, supplier information, customer information, franchisee information, investor information, flow charts, inventions, mask works, discoveries, standards, specifications, formulae, recipes, designs, sketches, drawings, policies, processes, procedures, methodologies, and techniques. These items are considered confidential if they are designated as confidential, known to be considered confidential, or reasonably considered confidential due to their nature.
For a prospective Bigfoot Forestry franchisee, this means that any improvements developed or conceived during the operation of the franchise, especially those related to the Bigfoot Forestry Business, are considered confidential and proprietary to the franchisor. The franchisee is obligated to protect this information and cannot disclose it to third parties. This obligation extends not only to formal, documented improvements but also to any concepts, ideas, or techniques that could be considered an improvement to the Bigfoot Forestry system. Franchisees should be aware of this broad definition and ensure they understand their obligations regarding confidentiality.