Can a Bigfoot Forestry franchisee offer goods or services not approved by the franchisor?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
otify you of the change, subject to any "grace period" we provide to implement the change. All mandatory provisions in the Manual (whether included now or in the future) are binding on you.
- 11.3. Authorized Goods & Services. You must offer and provide all Bigfoot Forestry Services we require from time to time in our commercially reasonable discretion. We may designate certain Bigfoot Forestry Services as optional, in which case you have the option, but not the obligation, to offer such services. As a condition to offering optional goods or services you may be required to complete additional training, purchase additional equipment and tools and secure additional licenses or permits. You may not offer any other goods or services without our prior written permission. You may not sell any goods or services we have disapproved. You may not use your Business, or permit your Business to be used, for any purpose other than offering the goods and services we authorize. We may change authorized goods and services at any time and you must comply with our instructions regarding same. Any such change shall not constitute a termination of this Agreement.
- 11.4. Sales Restrictions. Except as otherwise provided in §3.2, you may only provide Bigfoot Forestry Services at job sites located in your Territory. Unless you receive our prior approval, you may not offer or sell goods or services through Alternative Channels of Distribution. During the Term, you may not use any equipment or tools you purchase from us or our affiliate for any purpose other than the operation of your Business. You may not sell any goods or services that we have not approved to customers who contract with you for Bigfoot Forestry Services. If we approve your request to sell goods or services to customers that are not part of our System you must: (a) include all revenue generated from such sales in Gross Sales and pay royalty and other fees based upon such revenue; and (b) comply with any other requirements we impose as a condition to granting our approval.
- 11.5. National Accounts. Due to the unique issues and operational complexities involved with managing and servicing National Account customers, you may not directly contract with National Account customers or provide Bigfoot Forestry Services involving job sites owned by National Account customers unless you obtain our prior approval. We have the exclusive right to enter into contracts with National Account customers.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to the 2025 Bigfoot Forestry FDD, franchisees must offer all services that Bigfoot Forestry requires. While some services may be designated as optional, requiring additional training, equipment, licenses, or permits to offer, franchisees are prohibited from offering any other goods or services without prior written permission from Bigfoot Forestry. Additionally, franchisees cannot sell any goods or services that Bigfoot Forestry has disapproved.
Bigfoot Forestry strictly controls the goods and services offered by its franchisees to maintain uniformity and quality within the system. Franchisees are only allowed to provide Bigfoot Forestry services at job sites within their designated territory, and they need prior approval to offer or sell goods or services through alternative channels of distribution. Furthermore, equipment and tools purchased from Bigfoot Forestry or its affiliates can only be used for the operation of the franchised business.
If a franchisee wishes to sell goods or services to customers outside the Bigfoot Forestry system, they must obtain approval from Bigfoot Forestry. If approved, all revenue generated from these sales must be included in gross sales and are subject to royalty and other fees. Franchisees must also adhere to any other requirements imposed by Bigfoot Forestry as a condition of granting approval. This ensures that Bigfoot Forestry maintains control over its brand and service offerings, even when franchisees engage in sales outside the standard franchise system.
Bigfoot Forestry also restricts franchisees from directly contracting with National Account customers or providing services involving job sites owned by these customers without prior approval, as Bigfoot Forestry retains the exclusive right to enter into contracts with National Account customers. These restrictions ensure that Bigfoot Forestry maintains control over its brand and service offerings, and that franchisees adhere to the standards and specifications set by the company.