Can a Bigfoot Forestry franchisee prepare their own customer contracts without approval?
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 Bigfoot Forestry's 2025 Franchise Disclosure Document, franchisees are restricted in the types of goods and services they can offer and to whom they can offer them. Specifically, franchisees may only offer Bigfoot Forestry services that the franchisor requires. While some services may be designated as optional, offering other goods or services requires prior written permission from Bigfoot Forestry.
Bigfoot Forestry franchisees are prohibited from selling any goods or services that the franchisor has disapproved and must use their business solely for offering authorized goods and services. The franchisor retains the right to change authorized goods and services at any time, and franchisees must comply with these changes. Furthermore, franchisees cannot offer or sell goods or services through alternative channels of distribution without prior approval.
National Accounts are handled exclusively by Bigfoot Forestry, meaning franchisees cannot directly contract with National Account customers or provide services on their job sites without prior approval. If a franchisee is approved to sell goods or services to customers outside the Bigfoot Forestry system, all revenue generated from such sales must be included in gross sales and are subject to royalty and other fees. Additionally, the franchisee must comply with any other requirements imposed by Bigfoot Forestry as a condition of granting approval.
These restrictions suggest that franchisees do not have the autonomy to create their own customer contracts without approval, as the services offered and the terms under which they are provided are closely controlled by Bigfoot Forestry. A prospective franchisee should seek clarification from Bigfoot Forestry regarding the specific processes and requirements for customer contracts to ensure compliance and avoid potential breaches of the franchise agreement.