Can a Bigfoot Forestry franchisee make agreements or warranties on behalf 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, franchisees are explicitly prohibited from making agreements or warranties on behalf of the franchisor. The agreement states that nothing within it should be interpreted as creating a relationship where either party acts as an agent, legal representative, partner, or employee of the other. This underscores the independent nature of the franchise relationship.
Bigfoot Forestry franchisees must clearly identify themselves as independent owners of their Bigfoot Forestry Business in all dealings with third parties. This includes displaying a written notice of independent ownership and including a written indication of independent ownership on all agreements, forms, letterheads, advertising materials, business cards, and other materials specified by Bigfoot Forestry.
The franchise agreement explicitly states that neither party can make any agreement, warranty, or representation, or incur any debt in the name of or on behalf of the other. Furthermore, neither party is bound by any agreement or representation made by the other unless expressly authorized by the franchise agreement. This provision protects Bigfoot Forestry from unauthorized commitments made by its franchisees and ensures that customers understand they are dealing with an independent business owner.