What must a Bigfoot Forestry franchisee do with fictitious names upon termination or non-renewal?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
| PROVISION | SECTIONS IN AGREEMEN T | SUMMARY | |
|---|---|---|---|
| a. Length of franchise term | FA: 1 (definition of Term) & 4.1 ADA: 1 (definition of Term) | Term is equal to 10 years. Term expires on the opening date listed in the development schedule for the last Bigfoot Forestry Business you are required to develop. | |
| b. Renewal or extension of the term | THE FRANCHISE RELATIONSHIP | FA: 4.1 & 4.2 ADA: Not Applicable | If you meet our conditions for renewal, you can enter into 2 consecutive successor franchise agreements. Each renewal term is 5 years. The parties may mutually agree to further renewals but neither party is obligated to do so (subject to state law). You may not renew or extend the term of the ADA. |
| PROVISION | SECTIONS IN AGREEMENT | SUMMARY | |
| c. Requirements for you to renew or | FA: 4.1 & 4.2 | You must: not be in default; give us timely notice; sign then-current form of franchise agreement; sign general release (subject to state law); pay renewal fee; and upgrade Technology Systems, operating equipment and tools to conform to our then-current standards. | |
| extend | ADA: Not Applicable | If you renew, you may be required to sign a contract with materially different terms and conditions than the original contract. You may not renew or extend the term of the ADA. | |
| d. Termination by | FA: 20.1 | You can terminate if we default and fail to timely cure. | |
| you | ADA: Not Applicable | You can terminate under any grounds permitted by law. | |
| e. Termination by | FA: 20.3 | We can terminate without cause if you provide your written consent. | |
| us without cause | ADA: 8.2 | ||
| f. Termination by | FA: 20.2 | We can terminate if you default. | |
| us with cause | ADA: 8.1 | ||
| g. "Cause" defined - curable defaults | FA: 20.2 ADA: 8.1 | You have the following cure periods: (a) 24 hours for health or safety hazards; (b) 10 days for financial defaults; (c) 20 days for loss of a required license or permit; and (d) 30 days for any other default (other than a default described below under "non-curable defaults"). You have 30 days to cure any default, other than defaults described below under "non-curable defaults". | |
| h. "Cause" defined - non-curable defaults | FA: 20.2 ADA: 8.1 | The following defaults cannot be cured: insolvency, bankruptcy or seizure of assets; failure to successfully complete training; failure to open in timely manner; abandonment; conviction of certain crimes or subject of certain administrative actions; violation of material law; act that may adversely affect reputation of System or Marks; material nd underreporting of Gross Sales misrepresentations; 2 by 2% or more; unauthorized Transfers; unauthorized use of our intellectual property; breach of brand protection covenant, legal compliance representation or Franchise Owner Agreement; failure to notify us of a matter described in §15.6; 3 or more default notices in a 12-month period; or termination of any other agreement between you (or your affiliate) and us (or our affiliate) due to your default. However, termination of an ADA due to breach of the development schedule is not grounds for termination of any Franchise Agreement that is otherwise in good standing. If we terminate a franchise agreement due to your default, we may terminate the ADA without opportunity to cure. | |
| i. Your obligations on termination/ non-renewal | FA: 21.1 ADA: Not Applicable | Obligations include: remove all trade dress (including removal of all decals, references to the Marks and distinct color schemes from operating equipment and vehicles); cease use of intellectual property; return Manual and branded materials; assign telephone numbers, listings and domain names; assign customer information, contracts, files and accounts; cancel fictitious names; comply with data retention policies; and pay amounts due (also see "r", below). The ADA does not impose any post-term obligations on you. |
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, upon termination or non-renewal of the franchise agreement, franchisees are required to cancel any fictitious names associated with the business. This obligation is part of a broader set of requirements that ensure a clean break between the franchisee and the Bigfoot Forestry brand.
This requirement is important because it prevents confusion in the marketplace. After termination or non-renewal, the franchisee no longer has the right to operate under the Bigfoot Forestry name or use its associated trademarks. By canceling fictitious names, the franchisee avoids misleading customers into thinking they are still affiliated with Bigfoot Forestry. This protects the brand's reputation and goodwill.
In addition to canceling fictitious names, Bigfoot Forestry franchisees must also remove all trade dress, cease using intellectual property, return the manual and branded materials, assign telephone numbers and domain names, assign customer information, and pay any outstanding amounts owed to Bigfoot Forestry. These obligations collectively ensure that the franchisee completely disassociates from the Bigfoot Forestry system after the agreement ends.