Is either party in the Bigfoot Forestry franchise agreement considered an agent of the other?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
24.2. Relationship of Parties. Nothing in this Agreement creates a fiduciary relationship between the parties or is intended to make either party an agent, legal representative, partner or employee of the other party. Throughout the Term you must, in all dealings with third parties, conspicuously identify yourself as a franchisee and the independent owner of your Bigfoot Forestry Business. We may require that you display a written notice of independent ownership in the form we prescribe. You must also include a written indication of independent ownership on all agreements, forms, letterhead, advertising materials, business cards and other materials that we specify. Neither party may: (a)
make any express or implied agreement, warranty or representation, or incur any debt, in the name of or on behalf of the other; or (b) represent that our relationship is other than franchisor and franchisee.
Neither party is obligated by any agreement or representation made by the other party unless expressly authorized by this Agreement.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to the 2025 Bigfoot Forestry Franchise Disclosure Document, the franchise agreement explicitly states that neither the franchisor nor the franchisee is considered an agent, legal representative, partner, or employee of the other. This means that franchisees operate their Bigfoot Forestry businesses as independent entities and cannot legally bind the franchisor to any agreements or obligations unless expressly authorized in the franchise agreement.
This provision is typical in franchising, as it reinforces the independent contractor status of the franchisee. It ensures that the franchisee is responsible for their own business operations, including debts, liabilities, and representations made to third parties. The franchisee must also clearly identify themselves as an independent owner of their Bigfoot Forestry Business in all dealings with customers and suppliers.
Bigfoot Forestry retains the right to specify how franchisees represent their independent ownership, including requiring a written notice in a prescribed form and mandating its inclusion on agreements, forms, letterheads, advertising materials, business cards, and other materials. This level of control helps Bigfoot Forestry maintain brand consistency while ensuring legal separation between the franchisor and its franchisees. Franchisees should be aware of these requirements and adhere to them to avoid any potential breach of the franchise agreement.