What must a Bigfoot Forestry franchisee do if they develop an Improvement to the Intellectual Property?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
identiality of the Confidential Information at all times; (iii) refrain from making unauthorized copies of documents containing Confidential Information; (iv) take all steps we reasonably require to prevent unauthorized use or disclosure of Confidential Information; and (v) immediately stop using the Intellectual Property and Confidential Information at such time that you are (or your spouse is) no longer an Owner. You agree to assign to us or our designee, without charge, all rights to any Improvement developed by you, including the right to grant sublicenses. If applicable Law precludes you from assigning ownership to us, then you agree to perpetually license the Improvement to us, free of charge, with full rights to use, commercialize and sublicense the same.
- (b) Unfair Competition. You may not engage in any Prohibited Activities at any time: (i) that you are (or your spouse is) an Owner; or (ii) during the Restricted Period. Notwithstanding the foregoing, you may have an interest in a Competing Business during the Restricted Period as long as the Competing Business does not provide competitive services at job sites located in the Restricted Territory.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to the 2025 Bigfoot Forestry Franchise Disclosure Document, if a franchisee develops an Improvement to the Intellectual Property, they must assign all rights to the Improvement to Bigfoot Forestry or its designee without charge, including the right to grant sublicenses. An Improvement is defined as any idea, addition, modification, or improvement to the services or products offered, the method of operation, processes, systems, techniques, procedures, equipment, tools, marketing materials, or intellectual property utilized by a Bigfoot Forestry business. Intellectual Property includes Business Data, Copyrighted Materials, Improvements, Know-how, Marks, and the System.
This assignment ensures that Bigfoot Forestry maintains control over any advancements or modifications to its system. This requirement applies whether the Improvement is developed by the franchisee, their employees, or any other person associated with the Bigfoot Forestry business.
However, if applicable law prevents the franchisee from assigning ownership, the franchisee must perpetually license the Improvement to Bigfoot Forestry free of charge. This license grants Bigfoot Forestry full rights to use, commercialize, and sublicense the Improvement. This ensures that even if outright assignment is not possible, Bigfoot Forestry retains the ability to benefit from and further develop the Improvement. This is a fairly standard practice in franchising, as it allows the franchisor to maintain uniformity and protect its brand standards across all franchise locations.