Is failure to successfully complete training a curable default for a Bigfoot Forestry franchisee?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
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; (c) dedicate either (i) full-time efforts to the Business (if you adhere to an owner-operator model) or (ii) commercially reasonable efforts to the Business (if you hire a Project Manager); (d) at all times own
- at least 20% of the Equity Interests in the Business or Franchisee Entity unless we waive this requirement; and (e) have binding decision-making authority on matters involving your Business. Your other Owners may be passive investors.
- 8.2. Project Manager. If you do not adhere to an owner-operator model, you must hire a Person (a "Project Manager") to manage and supervise your Business. The Project Manager must: (a) remain actively and personally involved with the operation of your Business on a full-time basis; and (b) travel to job sites for purposes of providing Bigfoot Forestry Services, managing projects and supervising Service Technicians (if any). The Managing Owner must monitor and supervise the Project Manager to ensure your Business is operated in compliance with this Agreement and the Manual. Any Person you hire as a Project Manager must: (a) be approved by us; (b) satisfy all requirements in §8.3 for Service Technicians; (c) successfully complete all additional training programs we require for a Project Manager; (d) dedicate full-time efforts to your Business; and (e) sign a Confidentiality Agreement. If you own and operate more than three (3) Bigfoot Forestry Businesses, you must hire a Project Manager. The Managing Owner or Project Manager can manage a maximum of three (3) territories.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 33–36)
What This Means (2025 FDD)
According to the 2025 Bigfoot Forestry FDD, failing to successfully complete required training programs can lead to a default under the Franchise Agreement. The Managing Owner of a Bigfoot Forestry franchise must successfully complete all required training programs. Similarly, any person hired as a Service Technician must also successfully complete all required training. If a franchisee hires a Project Manager, that Project Manager must also serve as a Service Technician and complete all required training programs.
The FDD also states that any new Managing Owner or Project Manager must successfully complete initial training prior to managing the Business. Additionally, if Bigfoot Forestry determines that a franchisee is not operating in compliance with the Franchise Agreement or Manual, they may require the Managing Owner, Project Manager, and other management personnel to attend remedial training relevant to the operational deficiencies.
While the FDD specifies that failing to meet quality assurance program standards constitutes a default, it does not explicitly state whether failing to complete the initial or remedial training programs is a curable default. The FDD mentions that if a franchisee fails to comply with standards or operating procedures and does not cure the breach within the prescribed time, Bigfoot Forestry may impose a noncompliance fee of $500 per occurrence, and an additional $100 fee every 48 hours the issue remains uncured. However, this section does not directly address the failure to complete training.
Therefore, it is important for a prospective Bigfoot Forestry franchisee to clarify with the franchisor whether failure to complete required training programs is considered a curable default and what specific steps can be taken to rectify such a situation. Understanding the specific consequences and available remedies for failing to meet training requirements is crucial for ensuring compliance and maintaining a successful franchise operation.