Are the remedies available to Bigfoot Forestry under the Franchise Agreement exclusive?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
plete the work, or designate another franchisee to complete the work, and we may charge you the then-current standard rate charged by us or the franchisee, as applicable, to complete the work, which amount shall be due immediately upon demand. In addition to our rights set forth in the preceding sentence, we may pursue any other remedies available to us resulting from your breach of this Agreement for failure to honor a warranty. We have no obligation to honor any warranty issued by you. After the expiration or termination of this Agreement, if we choose to perform, or appoint another franchisee to perform, any warranty work under a warranty issued by you, you agree to indemnify and reimburse us for all amounts we incur in connection with the performance of such
warranty work (including payment of our then-current standard rate for any work performed us or any amount we pay to another franchisee for any work performed by such franchisee).
- 11.15.Quality Assurance Programs. For quality control purposes we may periodically inspect your home office, equipment, and job sites in accordance with §6.4 and §16.1. Inspections may address a variety of issues, including customer service, equipment condition, quality of work performed, waste removal, cleanup, etc. You must fully cooperate with all inspections. We may implement a scoring system pursuant to which each Bigfoot Forestry Business receives a "grade" or "score" based on the inspection results. Your failure to achieve a passing grade or score constitutes a default under this Agreement. You must take all actions we specify within the period of time we prescribe in order to rectify any non-compliance issues revealed by an inspection.
- 11.16.Failure to Comply with Standards. You acknowledge the importance of every one of our standards and operating procedures to the reputation and integrity of the System and goodwill associated with the Marks. If we notify you of a breach of our standards or operating procedures (including failure to submit required reports in a timely manner) and you fail to cure within the time period we presc
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to the 2025 Bigfoot Forestry Franchise Disclosure Document, the remedies available to Bigfoot Forestry for a franchisee's breach of the Franchise Agreement are not exclusive. Bigfoot Forestry retains the right to pursue any other remedies available to them under applicable law or equity.
Specifically, if a Bigfoot Forestry franchisee fails to honor a warranty, Bigfoot Forestry can pursue other remedies resulting from the breach of the agreement. Additionally, if Bigfoot Forestry notifies a franchisee of a breach of standards or operating procedures and the franchisee fails to cure the breach within the prescribed time, Bigfoot Forestry may impose a noncompliance fee of $500 per occurrence, and a further $100 fee every 48 hours the issue remains uncured, in addition to other remedies available under the agreement.
This means that Bigfoot Forestry has considerable latitude in how they respond to a franchisee's violation of the Franchise Agreement, and is not limited to only the remedies specifically listed in the agreement. A prospective franchisee should be aware that Bigfoot Forestry could pursue multiple avenues of recourse simultaneously, including monetary penalties, legal action, or termination of the franchise agreement, depending on the nature and severity of the breach.