What is a Bigfoot Forestry franchisee prohibited from doing with their Technology Systems?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
3. BRAND PROTECTION COVENANTS.
(a) Intellectual Property and Confidential Information. You agree to: (i) refrain from using the Intellectual Property or Confidential Information in any capacity or for any purpose other than the operation of Franchisee's Bigfoot Forestry Business in compliance with the Franchise Agreement and Manual; (ii) maintain the confidentiality 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.
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 how they use the company's Intellectual Property and Confidential Information, which includes Technology Systems. Franchisees must not use Intellectual Property or Confidential Information in any capacity other than operating their Bigfoot Forestry Business in compliance with the Franchise Agreement and Manual. This means the Technology Systems provided by Bigfoot Forestry can only be used for the specific purposes outlined in the franchise agreement and operations manual.
Furthermore, franchisees must maintain the confidentiality of the Confidential Information at all times and avoid making unauthorized copies of documents containing such information. They must also take all steps reasonably required by Bigfoot Forestry to prevent unauthorized use or disclosure of Confidential Information. This highlights the importance of data security and protecting sensitive business information within the Technology Systems.
These restrictions remain in place as long as the franchisee (or their spouse) is an owner. The franchisee must immediately cease using the Intellectual Property and Confidential Information, including the Technology Systems, if they are no longer an owner. Additionally, any improvements developed by the franchisee related to the Technology Systems must be assigned to Bigfoot Forestry, giving the franchisor full rights to use and sublicense those improvements. This ensures that any advancements or modifications to the Technology Systems benefit the entire franchise system rather than just an individual franchisee.