What is the Bigfoot Forestry franchisee's responsibility regarding the maintenance of their Technology Systems?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
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. The technology fee may include a reasonable administrative fee for the time, money and resources we invest to administer the technology platform and associated components, negotiate and manage contracts with third-party licensors, and collect and remit technology fees owed to third-party licensors on behalf of franchisees under master license arrangements. The technology fee does not include amounts you pay directly to third-party suppliers. The technology fee is due 10 days after invoicing or as we otherwise specify. We list the current technology fee in the Manual.
- 11.12.Hours of Operation. Your Business must be open for business during the minimum days and hours of operation set forth in the Manual.
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 associated with the Technology Systems. This includes acquiring, licensing, utilizing, updating, and upgrading these systems. Some Technology Systems may require direct purchase or licensing from third-party suppliers. Bigfoot Forestry, or an affiliate, may also develop proprietary Technology Systems for the franchise. If this occurs, franchisees must pay commercially reasonable licensing, support, and maintenance fees and sign a license agreement for the proprietary systems.
Bigfoot Forestry may 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 also charge a technology fee, which includes all amounts the franchisee pays to Bigfoot Forestry and its affiliates relating to Technology Systems. This includes amounts paid for proprietary items and amounts collected from the franchisee to be remitted to suppliers of Third-Party Technology.
The technology fee is subject to change based on modifications to the Technology Systems or price adjustments by third parties involved in master agreements. The FDD defines "Technology Systems" as all information and communication technology systems specified by Bigfoot Forestry, including computer systems, point-of-sale systems, telecommunications systems, order dispatch systems, security systems, and similar systems, along with associated hardware, software (including cloud-based software), related equipment, software applications, mobile apps, and third-party services related to the establishment, use, maintenance, monitoring, security, or improvement of these systems. Franchisees also acknowledge that their sole recourse for any issues with Third-Party Technology lies with the owner or licensor of that technology.