For what reasons can Bigfoot Forestry terminate the Franchise Agreement?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
8.1. By Us. We may terminate this Agreement, effective upon delivery of a notice of termination, for any of the following reasons, all of which constitute material events of default and "good cause" for termination, and without opportunity to cure except for any cure period expressly set forth below:
- (a) if we terminate any Definitive Agreement due to a default committed by you or one of your Owners or affiliates; or
- (b) if you (or an Owner) breach any provision of this Agreement and fail to cure within 30 days after receipt of a default notice.
8.2. By Mutual Agreement. If you and we mutually agree in writing to terminate this Agreement, any notice or cure period that might otherwise apply shall be deemed waived.
9. EFFECT OF TERMINATION. Termination of this Agreement ends all your rights and development obligations under this Agreement, including your interests in the Development Territory and right to sign new Franchise Agreements or open new Bigfoot Forestry Businesses. We will not refund any portion of the development fee.
10. DISPUTE RESOLUTION. Any Dispute between the parties relating to this Agreement shall be resolved pursuant to the dispute resolution provisions in the Initial Franchise Agreement. All such dispute resolution provisions are incorporated herein by reference as if fully set forth in this Agreement.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, the company can terminate the Development Agreement under specific circumstances. Bigfoot Forestry may terminate the agreement if the franchisee or one of their owners or affiliates defaults on any Definitive Agreement. Additionally, if the franchisee or an owner breaches any provision of the Development Agreement and fails to correct the breach within 30 days after receiving a default notice, Bigfoot Forestry has grounds for termination.
Termination of the Development Agreement results in the end of all the franchisee's rights and development obligations, including any interests in the Development Territory and the right to sign new Franchise Agreements or open new Bigfoot Forestry Businesses. Importantly, the FDD states that Bigfoot Forestry will not refund any portion of the development fee if the agreement is terminated.
Furthermore, the agreement can be terminated by mutual written agreement between Bigfoot Forestry and the franchisee, in which case any notice or cure period is waived. Any disputes arising from the Development Agreement will be resolved according to the dispute resolution provisions outlined in the Initial Franchise Agreement, which are incorporated by reference into the Development Agreement.