Is failure to open in a timely manner a curable default for a Bigfoot Forestry franchisee?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
onal and available for travel to and from job sites, subject to temporary and routine periods of unavailability while the vehicle is being serviced or repaired.
- 7.4. Opening. You must open your Business to the public within 120 days after the Effective Date. You must notify us of your proposed opening date at least 15 days before opening. You may not open your Business prior to receipt of our written authorization to open. We will not issue our authorization to open before:
- (a) your Managing Owner and Project Manager (if applicable) successfully complete initial training;
- (b) you purchase all items required by §7.2 and your Bigfoot Forestry Vehicle required by §7.3;
- (c) we inspect and confirm your Bigfoot Forestry Vehicle meets our standards and specifications;
- (d) you secure access to a suitable Storage Facility;
- (e) you set up your office and acquire and install all required Technology Systems;
- (f) you obtain all required licenses, permits and approvals from Governmental Authorities;
- (g) you purchase all required insurance policies and provide us with evidence of;
- (h) you hire your initial Service Technicians and, if applicable, Project Manager; and
- (i) you fulfill all of your other preopening obligations under this Agreement and the Manual.
8. MANAGEMENT AND STAFFING.
8.1. Owner Participation. You must designate an Owner with primary responsibility for the management and operation of your Business (the "Managing Owner"). We strongly recommend, but do not require, that you adhere to an owner-operator model whereby the Managing Owner: (a) remains actively and personally involved with the operation of your Business on a full-time basis; and (b) travels to job sites for purposes of providing Bigfoot Forestry Services, managing projects and supervising Service Technicians (if any). However, we do permit you to hire a Project Manager in accordance with §8.2 to assume these responsibilities from the Managing Owner. Either the Managing Owner or a Project Manager be present at each job site for purposes of providing Bigfoot Forestry Services, managing the project and supervising Service Technicians. The Managing Owner must: (a) be approved by us; (b) successfully complete all training programs we require;
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 33–36)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, whether a failure to open in a timely manner is a curable default depends on the specific circumstances. The standard Franchise Agreement requires franchisees to open their business to the public within 120 days after the effective date of the agreement. Franchisees must also notify Bigfoot Forestry of their proposed opening date at least 15 days before opening and receive written authorization to open.
However, if a franchisee signs an Area Development Agreement (ADA), they are subject to a Development Schedule that lists specific opening dates for each Bigfoot Forestry Business. Bigfoot Forestry may extend these opening dates if the franchisee demonstrates they used their best efforts to comply but experienced unforeseeable delays. The FDD states that any breach of the Development Schedule is a material breach of the ADA.
If a franchisee fails to secure suitable storage space within 120 days after signing the Franchise Agreement, Bigfoot Forestry has the right to terminate the franchise agreement. This indicates that failure to meet this specific requirement is not curable, as it leads directly to termination. For other opening requirements, such as completing training or purchasing required items, the FDD does not explicitly state whether failure to meet these requirements within the 120-day timeframe is curable.
Therefore, a prospective Bigfoot Forestry franchisee should clarify with the franchisor under what specific conditions a failure to open on time would be considered a curable default versus grounds for immediate termination of the agreement. It is important to understand the specific obligations and potential consequences related to the opening timeline.