Who owns the rights to an Improvement approved by Bigfoot Forestry?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
If you (or your Owner or employee) conceive of or develop an Improvement, you must send us a notice describing the Improvement.
You must obtain our approval prior to using the Improvement.
Any Improvement we approve may be used by us and any Person we authorize to operate a Bigfoot Forestry Business without any obligation to pay royalties or other fees to you or any other Person.
You or your Owner or employee, as applicable, must assign ownership of the Improvement to us or our designee, without charge, together with all associated intellectual property rights, including the right to grant sublicenses.
If applicable Law precludes you from assigning ownership to us, then you must grant us a perpetual royalty-free license to use, commercialize and sublicense the Improvement in any manner we deem appropriate.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, if a franchisee, their owner, or employee conceives or develops an Improvement and Bigfoot Forestry approves it, the ownership of that Improvement must be assigned to Bigfoot Forestry or their designee. This assignment is made without any charge and includes all associated intellectual property rights, such as the right to grant sublicenses.
In the event that applicable law prevents the franchisee from assigning ownership to Bigfoot Forestry, the franchisee is required to grant Bigfoot Forestry a perpetual, royalty-free license to use, commercialize, and sublicense the Improvement in any manner Bigfoot Forestry deems appropriate. This ensures that Bigfoot Forestry retains control over any approved Improvements, regardless of legal restrictions on assignment.
This clause is fairly standard in franchising, as it allows the franchisor to incorporate successful innovations from franchisees across the entire system, benefiting all franchisees and maintaining brand consistency. However, it means that a Bigfoot Forestry franchisee will not receive any direct financial benefit (royalties or fees) from an Improvement they develop, even if it significantly enhances the Bigfoot Forestry business model.