If I develop an Improvement related to the Bigfoot Forestry system, who do I assign the rights to?

According to the 2025 Bigfoot Forestry FDD, if you, as an employee or independent contractor of a Bigfoot Forestry franchisee, develop an Improvement related to the Bigfoot Forestry system, you must assign all rights to that Improvement to Bigfoot Forestry or their designee. This assignment is made without charge and includes the right for Bigfoot Forestry to grant sublicenses for the Improvement. An Improvement is defined very broadly, including any idea, addition, modification or improvement to services, products, methods of operation, processes, systems, equipment, marketing, or intellectual property utilized by a Bigfoot Forestry Business.

This requirement means that any innovation or enhancement you create related to the Bigfoot Forestry business becomes the property of Bigfoot Forestry. This includes not only tangible items but also ideas, methods, and processes. The franchisee or its employees will not retain ownership or control over these Improvements, even if they were conceived and developed by them.

However, if applicable law prevents you from assigning ownership to Bigfoot Forestry, the FDD states that you must perpetually license the Improvement to them free of charge. This license grants Bigfoot Forestry full rights to use, commercialize, and sublicense the Improvement. This ensures that even if outright assignment is not possible, Bigfoot Forestry still obtains the necessary rights to utilize and benefit from the Improvement. This clause aims to protect Bigfoot Forestry's System and Intellectual Property, ensuring that any advancements or modifications become part of the franchise system for the benefit of all franchisees.

This is a fairly standard practice in franchising, as franchisors typically want to maintain control over their systems and intellectual property. Prospective franchisees should be aware of this provision and understand that any improvements they develop will become the property of the franchisor. Franchisees may want to discuss with an attorney the implications of this clause and whether it is possible to negotiate any exceptions or limitations.