What is the definition of 'Intellectual Property' in the Bigfoot Forestry agreement?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
ethod 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.
- "Intellectual Property" means, collectively or individually, the Business Data, Copyrighted Materials, Improvements, Know-how, Marks and System.
- "Know-how" means and includes our (and our affiliates') trade secrets and other proprietary information relating to the development, marketing or operation of a Bigfoot Forestry Business including: methods and techniques; standards and specifications; policies and procedures; supplier lists and information; marketing strategies; merchandising strategies; and information comprising the System or included in the Manual.
- "Manual" means our confidential brand standards manual for the operation of a Bigfoot Forestry Business.
- "Marks" means and includes all service marks, trademarks, trade names and logos that we designate from time to time and authorize Bigfoot Forestry Businesses to use, including BIGFOOT FORESTRY® and the associated logos. The Marks also include any distinctive trade dress used to identify a Bigfoot Forestry Business, the equipment it uses or the services or products it sells.
"System" means our system developed for the operation of a Bigfoot Forestry Business, the distinctive characteristics of which include: quality and assortment of Bigfoot Forestry Services offered; utilization of top-of-the-line construction equipment; distinctive branding; professional, reliable and friendly customer service standards; marketing and advertising programs and strategies; training programs; and operating system.
- 2. BACKGROUND. You are an employee or independent contractor of Franchisee. As a result of this association, you may gain knowledge of our System and Know-how. You understand that protecting the Intellectual Property is vital to our success and that of our franchisees and that you could seriously jeopardize our franchise system if you were to misuse our Intellectual Property. To avoid such damage, you agree to comply with the terms of this Agreement.
- 3. INTELLECTUAL PROPERTY & CONFIDENTIAL INFORMATION. You agree to: (a) refrain from using the Intellectual Property or Confidential Information in any business or for any purpose other than the operation of Franchisee's Bigfoot Forestry Business; (b) maintain the confidentiality of Confidential Information at all times; (c) refrain from making unauthorized copies of documents containing Confidential Information; (d) take all steps we reasonably require to prevent unauthorized use or disclosure of Confidential Information; and (e) immediately stop using the Intellectual Property and Confidential Information at such time that you are no longer an employee or independent contractor of Franchisee. You agree to assign to us or our designee, without charge, all rights to any Improvement developed by you, including the right to grant sublicenses.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, Intellectual Property is defined as the Business Data, Copyrighted Materials, Improvements, Know-how, Marks and System, whether considered collectively or individually.
The FDD further defines these components of Intellectual Property. Business Data includes Customer Data and Operational Data. Copyrighted Materials are all copyrightable materials for which Bigfoot Forestry or its affiliate claim or secure common law or registered copyright protection and that they allow franchisees to use, sell, or display in connection with the marketing and/or operation of a Bigfoot Forestry Business. Improvements are any idea, addition, modification or improvement to the services or products offered, method of operation, processes, systems, techniques, procedures, equipment or tools utilized, marketing, advertising or promotional materials, programs or strategies utilized or trademarks, service marks, logos or other intellectual property utilized by a Bigfoot Forestry Business, whether developed by the franchisee or any other person.
Know-how includes Bigfoot Forestry's trade secrets and other proprietary information relating to the development, marketing, or operation of a Bigfoot Forestry Business, including methods and techniques; standards and specifications; policies and procedures; supplier lists and information; marketing strategies; merchandising strategies; and information comprising the System or included in the Manual. Marks include all service marks, trademarks, trade names, and logos that Bigfoot Forestry designates from time to time and authorizes Bigfoot Forestry Businesses to use, including BIGFOOT FORESTRY® and the associated logos, as well as any distinctive trade dress used to identify a Bigfoot Forestry Business, the equipment it uses, or the services or products it sells. The System is Bigfoot Forestry's system developed for the operation of a Bigfoot Forestry Business, the distinctive characteristics of which include: quality and assortment of Bigfoot Forestry Services offered; utilization of top-of-the-line construction equipment; distinctive branding; professional, reliable and friendly customer service standards; marketing and advertising programs and strategies; training programs; and operating system.
As a Bigfoot Forestry franchisee, it is important to understand what constitutes the brand's intellectual property, as the franchise agreement grants you the right to operate a Bigfoot Forestry Business using their intellectual property. You will be required to protect this intellectual property and refrain from using it for any purpose other than operating your franchised business. Any unauthorized use or disclosure of this intellectual property could have serious repercussions for both you and the Bigfoot Forestry franchise system.