What must a Bigfoot Forestry franchisee do to provide access to data collected by their Technology Systems?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
Customer Data" means and includes any and all data that pertains to a Bigfoot Forestry Business customer, including name, address, contact information, date of birth, purchase history and any other information collected for any purpose.
Technology; and (ii) acknowledge your sole recourse for any liabilities, losses, damages or expenses you incur due to improperly functioning Third-Party Technology shall be against the owner or licensor of such Third-Party Technology.
(e) Email Accounts.
At no additional charge, we will provide you with a certain number of BIGFOOT FORESTRY® email addresses.
We may charge you our then-current fee for each additional email address you request (this fee is added to the technology fee described in §11.11(f) below).
You must exclusively use these email addresses for all communications with us, customers, suppliers and other Persons relating to your Business.
You may not use them for any purpose unrelated to your Business.
We own the email addresses and accounts but allow you to use them during the Term.
- (f) Fees and Costs.
You are responsible for all fees, costs and expenses associated with acquiring, licensing, utilizing, updating and upgrading Technology Systems.
Certain Technology Systems must be purchased or licensed from third-party suppliers.
We and/or our affiliate may develop proprietary Technology Systems (or components thereof) that become part of our System.
If this occurs, you agree to: (i) pay us (or our affiliate) commercially reasonable licensing, support and maintenance fees; and (ii) upon request, sign our prescribed form of license agreement governing use of proprietary Technology Systems (or components thereof).
We may enter into master agreements with licensors of Third-Party Technology and charge you for amounts we pay them based on your use of their Third-Party Technology.
We may charge you a technology fee, which includes all amounts you pay us and our affiliates relating to Technology Systems, including amounts paid for proprietary items and amounts we collect from you and remit to suppliers of Third-Party Technology.
The technology fee may change based on changes to Technology Systems or prices charged by third parties with whom we enter into master agreements.
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Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
The 2025 Bigfoot Forestry Franchise Disclosure Document does not explicitly state the requirements for a franchisee to provide access to data collected by their Technology Systems. However, the FDD does mention several aspects related to technology and data management that are relevant to this question.
According to the FDD, franchisees are responsible for all fees, costs, and expenses associated with acquiring, licensing, utilizing, updating, and upgrading Technology Systems. Some Technology Systems may need to be purchased or licensed from third-party suppliers. Bigfoot Forestry may develop proprietary Technology Systems (or components thereof) that become part of their System, and in such cases, franchisees must pay commercially reasonable licensing, support, and maintenance fees and sign a license agreement. Bigfoot Forestry may also enter into master agreements with licensors of Third-Party Technology and charge franchisees for the amounts they pay based on the franchisee's use of the Third-Party Technology. The franchisor may charge a technology fee, which includes all amounts franchisees pay to them and their affiliates relating to Technology Systems, including amounts paid for proprietary items and amounts they collect from franchisees and remit to suppliers of Third-Party Technology. The technology fee may change based on changes to Technology Systems or prices charged by third parties with whom they enter into master agreements.
Additionally, franchisees are provided with a certain number of Bigfoot Forestry email addresses at no additional charge and must exclusively use these email addresses for all communications with Bigfoot Forestry, customers, suppliers, and other Persons relating to their Business. The brand owns these email addresses and accounts but allows franchisees to use them during the Term. The FDD also defines 'Business Data' as all data pertaining to Franchisee's Bigfoot Forestry Business, customers, and business operations, whether collected by you, Franchisee, us, or any other person. 'Customer Data' includes any and all data that pertains to a Bigfoot Forestry Business customer, including name, address, contact information, date of birth, purchase history, and any other information collected for any purpose.
To gain a comprehensive understanding of the specific requirements for providing access to data collected by the Technology Systems, a prospective Bigfoot Forestry franchisee should seek clarification from the franchisor regarding data access protocols, data security measures, and any specific software or platform requirements for data sharing. It would also be prudent to ask about who owns the data and what the franchisee's rights and responsibilities are with respect to that data.