If a Bigfoot Forestry franchisee develops an improvement to the system, who owns that improvement?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
"Improvement" means any idea, addition, modification or improvement to the (a) services or products offered or sold by a Bigfoot Forestry Business, (b) method of operation of a Bigfoot Forestry Business, (c) processes, systems, techniques, procedures, equipment or tools utilized by a Bigfoot Forestry Business, (d) marketing, advertising or promotional materials, programs or strategies utilized by a Bigfoot Forestry Business or (e) trademarks, service marks, logos or other intellectual property utilized by a Bigfoot Forestry Business, whether developed by you, Franchisee or any other person.
"Intellectual Property" means, collectively or individually, the Business Data, Copyrighted Materials, Improvements, Know-how, Marks and System.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, any improvement to the Bigfoot Forestry system, regardless of who develops it, becomes the property of Bigfoot Forestry. The FDD defines "Improvement" broadly, encompassing any idea, addition, modification, or enhancement to various aspects of the Bigfoot Forestry Business. This includes changes to services, products, operational methods, processes, systems, equipment, marketing materials, or intellectual property.
This means that if a franchisee develops a new technique for providing Bigfoot Forestry services, a better way to market the business, or any other kind of improvement, that improvement automatically becomes the property of Bigfoot Forestry. The franchisee would be required to share the improvement with the franchisor, and Bigfoot Forestry would have the right to use it across the entire franchise system without providing additional compensation to the franchisee who developed it.
For a prospective franchisee, this clause highlights the importance of understanding the intellectual property ownership terms in the franchise agreement. While franchisees may contribute to the system's evolution, they do not retain ownership of their innovations. This is a fairly standard practice in franchising, as it allows the franchisor to maintain consistency and control over the brand and system-wide operations. However, franchisees should consider this when deciding whether to invest in a Bigfoot Forestry franchise, as it means they will not directly benefit financially from improvements they develop beyond the success of their own franchise location.