Can a Bigfoot Forestry franchisee use the Marks in a way that implies Bigfoot Forestry is liable for their obligations?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
You may not: (a) use the Marks in any modified form or as part of a corporate or trade name or with any prefix, suffix, or other modifying words, designs or symbols (other than logos we license to you); (b) use the Marks when signing a contract, lease, check or other agreement or in any other manner that may cause confusion or imply we are liable for your obligations; (c) register or attempt to register a Mark, or a trademark confusingly similar to a Mark, with a Governmental Authority; or (d) challenge or contest the validity or ownership of our Marks.
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 using the Marks in any manner that could imply that Bigfoot Forestry is liable for the franchisee's obligations. The Marks include all service marks, trademarks, trade names, and logos that Bigfoot Forestry authorizes its franchisees to use, including the BIGFOOT FORESTRY® mark and associated logos. This restriction is in place to protect Bigfoot Forestry from potential legal or financial liabilities arising from the actions of its franchisees.
This provision ensures that customers and other parties understand that the franchisee is an independent entity responsible for its own operations and obligations. By preventing franchisees from creating the impression of direct liability, Bigfoot Forestry aims to maintain a clear distinction between the franchisor and franchisee, which is a common practice in franchising.
For a prospective Bigfoot Forestry franchisee, this means they must be careful in how they present their business and use the Bigfoot Forestry Marks. When signing contracts, leases, checks, or other agreements, franchisees must ensure that it is clear they are acting as an independent entity and not as an agent of Bigfoot Forestry. Failure to comply with this restriction could result in a breach of the franchise agreement and potential legal consequences.