Does Bigfoot Forestry have any liability for losses incurred due to malfunctioning third-party technology?
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).
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, franchisees bear the responsibility for losses incurred due to malfunctioning third-party technology. The FDD states that the franchisee's sole recourse for any liabilities, losses, damages, or expenses resulting from improperly functioning third-party technology lies with the owner or licensor of that technology, not with Bigfoot Forestry itself. This means that if a franchisee experiences issues with technology systems provided by a third party, they must seek resolution directly from the technology provider.
This arrangement has significant implications for prospective Bigfoot Forestry franchisees. It highlights the importance of carefully evaluating the reliability and support offered by third-party technology vendors before committing to their products or services. Franchisees should also ensure they understand the terms and conditions of any agreements with these vendors, including warranty provisions and liability limitations.
Bigfoot Forestry may enter into master agreements with licensors of Third-Party Technology and charge franchisees for amounts they pay them based on the franchisee's use of their Third-Party Technology. Bigfoot Forestry may charge a technology fee, which includes all amounts the franchisee pays Bigfoot Forestry and its affiliates relating to Technology Systems, including amounts paid for proprietary items and amounts Bigfoot Forestry collects from the franchisee and remits 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 Bigfoot Forestry enters into master agreements.
While Bigfoot Forestry may assist in selecting or integrating these technologies, the ultimate responsibility for their performance and any associated losses rests with the franchisee. This is a fairly common practice in franchising, where franchisees often use a mix of franchisor-mandated and third-party technologies to operate their businesses.