What are some examples of modifications Bigfoot Forestry can make to the brand protection covenants?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
If a court or arbitrator concludes any promise or covenant in this Agreement is unreasonable or unenforceable, we or the court or arbitrator may modify such promise or covenant to the minimum extent necessary to make it enforceable.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to the 2025 Bigfoot Forestry FDD, if a court or arbitrator finds any promise or covenant in the Franchise Agreement unreasonable or unenforceable, Bigfoot Forestry or the court/arbitrator can modify the promise or covenant. The modification will only be to the minimum extent necessary to make it enforceable.
This means that while the franchisee is bound by the brand protection covenants, there is a mechanism for those covenants to be adjusted if they are deemed overly restrictive under applicable law. This provides a degree of flexibility and protection for both the franchisor and franchisee.
It is important to note that any modifications would be limited to what is minimally necessary to ensure enforceability, meaning the core intent of the brand protection covenants would likely remain intact. Franchisees should consult with legal counsel to fully understand the implications of these covenants and the potential for modification in their specific jurisdiction.