Is a Bigfoot Forestry franchisee allowed to make any agreement in the name of the franchisor?
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, a franchisee is explicitly prohibited from making any agreements in the name of or on behalf of the franchisor. The franchise agreement states that neither party (franchisor or franchisee) can make any express or implied agreement, warranty, or representation, or incur any debt, in the name of or on behalf of the other.
This provision ensures that Bigfoot Forestry franchisees operate as independent entities and do not create any legal or financial obligations for the franchisor without express authorization. This protects Bigfoot Forestry from potential liabilities arising from a franchisee's actions.
Furthermore, the agreement clarifies that neither party is obligated by any agreement or representation made by the other unless expressly authorized by the franchise agreement. This reinforces the independent nature of the franchise relationship and prevents misunderstandings or disputes regarding unauthorized commitments. Prospective franchisees should understand that they have no authority to act on behalf of Bigfoot Forestry unless specifically granted in writing.