Are employees of a Bigfoot Forestry franchisee considered employees of the franchisor?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
arolina without reference to its principles of conflicts of law, but any South Carolina Law that regulates the offer and sale of franchises or business opportunities or governs the relationship of a franchisor and its franchisee will not apply unless its jurisdictional requirements are met independently without reference to this Section.
24.2. Relationship of Parties. Nothing in this Agreement creates a fiduciary relationship between the parties or is intended to make either party an agent, legal representative, partner or employee of the other party. Throughout the Term you must, in all dealings with third parties, conspicuously identify yourself as a franchisee and the independent owner of your Bigfoot Forestry Business. We may require that you display a written notice of independent ownership in the form we prescribe. You must also include a written indication of independent ownership on all agreements, forms, letterhead, advertising materials, business cards and other materials that we specify. Neither party may: (a)
make any express or implied agreement, warranty or representation, or incur any debt, in the name of or on behalf of the other; or (b) represent that our relationship is other than franchisor and franchisee.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to the 2025 Bigfoot Forestry Franchise Disclosure Document, the agreement explicitly states that the relationship between the franchisor and franchisee is that of franchisor and franchisee, and nothing within the agreement is intended to make either party an employee of the other. Specifically, section 24.2 clarifies that neither party can represent their relationship as anything other than franchisor and franchisee. This means that employees working for a Bigfoot Forestry franchisee are not considered employees of Bigfoot Franchising, LLC.
This distinction is important because the franchisee is responsible for managing their own staff, including determining appropriate staffing levels. The franchisee handles all aspects of employment, such as hiring, training, and ensuring compliance with labor laws. Bigfoot Forestry franchisees must determine appropriate staffing levels for their business to ensure compliance with the Franchise Agreement and the franchisor's system standards.
Furthermore, the franchisee is identified as the independent owner of their Bigfoot Forestry Business in all dealings with third parties. This reinforces the separation between the franchisor and the franchisee's employees. The franchisee is responsible for the actions and management of their employees, and Bigfoot Franchising, LLC is not liable for the franchisee's employment practices.
Prospective franchisees should understand that they are responsible for all employment-related matters within their Bigfoot Forestry franchise. This includes understanding and complying with all applicable employment laws and regulations. The franchisor's role is to provide the system and brand standards, while the franchisee manages the day-to-day operations and personnel.