What are franchisees and owners of a Bigfoot Forestry franchise prohibited from doing with Intellectual Property or Confidential Information according to the franchise agreement?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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 and their owners are subject to specific restrictions regarding the use of Intellectual Property and Confidential Information. Franchisees must refrain from using the Intellectual Property or Confidential Information in any capacity or for any purpose other than the operation of their Bigfoot Forestry Business, and they must operate in compliance with the Franchise Agreement and Manual. This means the franchisee can only use the information and property as intended by the franchisor for running the franchised business.
Furthermore, franchisees are obligated to maintain the confidentiality of the Confidential Information at all times and must not make 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 underscores the importance of safeguarding sensitive business data and trade secrets.
Upon termination of ownership (or if their spouse is no longer an Owner), the franchisee must immediately cease using the Intellectual Property and Confidential Information. Additionally, franchisees agree to assign to Bigfoot Forestry or its designee all rights to any Improvement developed by them, including the right to grant sublicenses. If applicable law prevents the assignment of ownership, the franchisee must perpetually license the Improvement to Bigfoot Forestry, free of charge, with full rights to use, commercialize, and sublicense it. These stipulations ensure that Bigfoot Forestry retains control over its proprietary assets and any advancements made to them.