What happens if a Bigfoot Forestry franchisee breaches the Development Schedule?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
- 4.1. Development Schedule. You must develop, open and operate all Bigfoot Forestry Businesses listed in the Development Schedule. Each Franchised Territory you develop is considered a separate Bigfoot Forestry Business. You must develop and open each Bigfoot Forestry Business in strict compliance with the opening dates set forth in the Development Schedule. We may, in our sole discretion, extend one or more opening dates listed in the Development Schedule if you demonstrate to our satisfaction that you used best efforts to comply with the opening date and the need for the extension is due to unforeseeable delays rather than your lack diligence or funding. The opening date listed in the Development Schedule for a given Bigfoot Forestry Business may be earlier than the opening date required under the terms of the associated Franchise Agreement. In order to comply with the Development Schedule you must open each Bigfoot Forestry Business by the opening date listed in the Development Schedule even if such date is earlier than the opening date required by the associated Franchise Agreement.
- 4.2. Reasonableness of Development Schedule. You represent that you: (a) have conducted your own independent investigation and analysis of the prospects for development of the Bigfoot Forestry Businesses in the Development Territory; (b) approve the Development Schedule as being reasonable and viable; and (c) recognize that any breach of the Development Schedule is a material breach of this Agreement.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, a breach of the Development Schedule is considered a material breach of the agreement. The franchisee must develop, open, and operate all Bigfoot Forestry Businesses as listed in the Development Schedule, with each franchised territory considered a separate business. These businesses must be opened in strict compliance with the dates specified in the Development Schedule.
Bigfoot Forestry may, at its discretion, extend the opening dates if the franchisee demonstrates they used their best efforts to comply, and the delay was due to unforeseeable circumstances rather than a lack of diligence or funding. The opening date in the Development Schedule may be earlier than the date required under the associated Franchise Agreement, but the franchisee must still meet the earlier date.
Before signing the agreement, the franchisee acknowledges they have independently investigated the prospects for development and approve the Development Schedule as reasonable and viable. This acknowledgement underscores the importance of meeting the schedule and the serious implications of failing to do so.