Who has the discretion to decide what action to take in response to a Bigfoot Forestry IP Dispute?

According to Bigfoot Forestry's 2025 Franchise Disclosure Document, Bigfoot Forestry retains sole discretion in deciding what action to take, if any, in response to an IP Dispute. An IP Dispute is defined as any actual or suspected infringement of the Intellectual Property, any challenge to the franchisee's use of the Intellectual Property, or any claim by a person other than Bigfoot Forestry or its affiliate of any rights in or to the Intellectual Property. The Intellectual Property includes Business Data, Copyrighted Materials, Improvements, Know-how, Marks and System.

This means that as a Bigfoot Forestry franchisee, you will not have the authority to independently pursue legal action to protect the brand's intellectual property. Instead, Bigfoot Forestry maintains control over these matters. Franchisees are explicitly prohibited from communicating with anyone other than Bigfoot Forestry and its counsel regarding an IP Dispute.

Furthermore, the franchisee must comply with Bigfoot Forestry's requests to execute documents, provide assistance, and perform actions deemed necessary by their counsel to protect Bigfoot Forestry's interest in the proceeding and/or protect the Intellectual Property. This could potentially require the franchisee to dedicate time and resources to support Bigfoot Forestry's legal efforts.

This arrangement is typical in franchising, as franchisors generally want to maintain tight control over their brand and intellectual property. However, it's important for a prospective franchisee to understand that they will have limited autonomy in protecting the brand's intellectual property and must rely on Bigfoot Forestry to take appropriate action.