What is the Bigfoot Forestry franchisee's responsibility regarding disruptions to their technology systems?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
have no liability to you for any losses, damages or expenses you incur as result of Third-Party Technology not functioning properly. Accordingly, you hereby: (i) waive any and all Claims against us or our affiliates relating to Third-Party
- 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.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to the 2025 Bigfoot Forestry FDD, franchisees are responsible for all expenses related to technology systems. This includes acquiring, licensing, using, updating, and upgrading these systems. Some technology systems may need to be purchased or licensed from third-party suppliers. Bigfoot Forestry, or its affiliates, might develop proprietary technology systems, requiring franchisees to pay commercially reasonable licensing, support, and maintenance fees and sign a license agreement.
Bigfoot Forestry may enter into master agreements with third-party technology licensors and charge franchisees for their use of this technology. Franchisees may be charged a technology fee that covers all technology system-related costs, including proprietary items and amounts remitted to third-party suppliers. This technology fee is subject to change based on modifications to the technology systems or price changes imposed by third parties with whom Bigfoot Forestry has master agreements.
The FDD also states that the franchisee's sole recourse for any issues with third-party technology lies with the owner or licensor of that technology. This means that if a franchisee experiences losses or damages due to malfunctioning third-party technology, their claim is against the third-party provider, not Bigfoot Forestry.
Bigfoot Forestry will provide a certain number of email addresses at no additional charge, and franchisees must exclusively use these for all business-related communications. Additional email addresses may incur a fee. Franchisees do not own these email addresses but are allowed to use them during the term of the franchise agreement.