Is Bigfoot Forestry obligated to offer the same negotiated terms to all franchisees?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
We may, but need not, negotiate purchase agreements with suppliers to obtain discounted prices for franchisees.
We will arrange for you to be able to purchase the goods directly from the supplier at the discounted prices we negotiate (subject to any rebates the supplier pays to us).
We may also purchase certain items from suppliers in bulk and resell them to you at our cost plus shipping fees and a reasonable markup.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, there is no mention of Bigfoot Forestry being obligated to offer the same negotiated terms to all franchisees. The document does state in section 6.7 that "We may, but need not, negotiate purchase agreements with suppliers to obtain discounted prices for franchisees." This indicates that Bigfoot Forestry has the option to negotiate with suppliers for discounted prices on behalf of franchisees, but it is not an obligation.
Furthermore, the FDD outlines the terms and conditions of the franchise agreement, including fees, royalties, and obligations of both the franchisor and franchisee. However, it does not specify that all franchisees must receive the exact same terms in their individual franchise agreements. The terms of the franchise agreement are confidential as stated in Attachment E, where Confidential Information includes "terms of the Franchise Agreement (and related agreements) signed by Franchisee in connection with the Bigfoot Forestry Business".
Therefore, a prospective franchisee should inquire directly with Bigfoot Forestry about the possibility of negotiating specific terms and whether there are any standard or non-standard terms offered to franchisees. It is important to understand the scope of any potential negotiation and what factors might influence the terms offered.