Does the Bigfoot Forestry franchise agreement create a fiduciary relationship between the parties?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Neither party is obligated by any agreement or representation made by the other party unless expressly authorized by this Agreement.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, the franchise agreement does not create a fiduciary relationship between the parties. The agreement explicitly states that nothing within it is intended to establish either party as an agent, legal representative, partner, or employee of the other.
This means that Bigfoot Forestry franchisees are considered independent owners of their businesses and must represent themselves as such in all dealings with third parties. They are required to conspicuously identify themselves as franchisees and independent owners, potentially through written notices and on business materials like agreements, forms, letterheads, and business cards.
The agreement also specifies that neither Bigfoot Forestry nor the franchisee can make agreements, warranties, or incur debts on behalf of the other, unless expressly authorized. Furthermore, neither party can represent their relationship as anything other than franchisor and franchisee. This reinforces the arms-length nature of the relationship, typical in franchising, where each party acts in its own interest under the terms of the franchise agreement.