What are the exceptions to the abandonment rule for a Bigfoot Forestry franchise?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
ermine, in our sole discretion, that you are not operating the Approved Open Territory in accordance with our standards and specifications.
- 3.3. Territorial Rights and Limitations. During the Term we will not develop or operate, or license a third party to develop or operate, a Bigfoot Forestry Business that provides Bigfoot Forestry Services at job sites located in your Territory except as otherwise provided in this Section with respect to
Acquisitions and National Accounts. At any time during the Term we reserve the right to engage in Acquisitions, even if as a result of an Acquisition one or more competitive businesses of the acquired or acquiring company begin using our Intellectual Property (including our Marks) and providing Bigfoot Forestry Services at job sites located in your Territory. As further discussed in §11.5, we have the exclusive right to enter into contracts with National Account customers, including contracts pertaining to Bigfoot Forestry Services involving job sites located in your Territory. Your territorial rights do not prevent us from providing, or authorizing other franchisees to provide, Bigfoot Forestry Services at job sites located in your Territory for National Account customers. We also reserve the right to sell, and license third parties to sell, competitive or identical goods and services (including under the Marks) within the Territory through Alternative Channels of Distribution.
4. TERM AND RENEWAL.
- 4.1. Generally. This Agreement grants you the right to operate your Business during the Term. You may renew your franchise rights by signing a Successor Agreement for a five (5) year renewal term. You may enter into a maximum of two (2) Successor Agreements. The parties may agree to further renewals after expiration of the second (2nd) renewal term, but neither party is obligated to do so (unless required by applicable Law, in which case the same renewal terms and conditions set forth in this Agreement shall apply to subsequent renewals). In order to sign a Successor Agreement you must satisfy all renewal conditions specified in this Agreement or the Successor Agreement you wish to renew, as applicable.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to the 2025 Bigfoot Forestry FDD, franchisees are generally restricted to operating within their designated territory. However, there are exceptions where a franchisee may be allowed to operate outside of their territory under specific conditions.
The primary exception involves obtaining prior approval from Bigfoot Forestry to provide services in an "Approved Open Territory." This territory must be within a geographic area approved by Bigfoot Forestry, adjacent to the franchisee's existing territory, and not already assigned to another Bigfoot Forestry business. Bigfoot Forestry retains the discretion to withhold or revoke this approval at any time. If approval is revoked, the franchisee must immediately cease operations in the Approved Open Territory and transfer any ongoing projects to Bigfoot Forestry or its designee.
Bigfoot Forestry also reserves the right to engage in Acquisitions, even if it means that competitive businesses begin operating within a franchisee's territory using Bigfoot Forestry's intellectual property. Additionally, Bigfoot Forestry retains the exclusive right to contract with National Account customers, allowing them or other franchisees to provide services within a franchisee's territory for these national accounts. These exceptions highlight that while franchisees are granted territorial rights, Bigfoot Forestry maintains control over territory modifications and certain customer relationships.