Can Bigfoot Forestry require a franchisee to assent to a waiver that deprives them of rights and protections?

According to Bigfoot Forestry's 2025 Franchise Disclosure Document, a franchisee and their owners must sign a "General Release," which is the franchisor's current form of Waiver and Release of Claims, in connection with a transfer of the franchise. This requirement is specified in §7.2 of the document.

This means that if a franchisee wants to transfer their franchise to someone else, both the franchisee and anyone considered an "Owner" (as defined in the FDD) must sign a waiver releasing Bigfoot Forestry from certain claims. This is a condition Bigfoot Forestry imposes on allowing the transfer to proceed. The FDD does not specify the exact claims covered by the waiver, but it generally functions to protect the franchisor from potential liabilities or disputes arising from the transfer.

Prospective franchisees should carefully review the specific terms of the "General Release" or waiver document to understand exactly what rights they are giving up before agreeing to a transfer. It is advisable to seek legal counsel to assess the implications of signing such a waiver, as it could impact their ability to pursue legal action against Bigfoot Forestry in the future regarding matters related to the franchise transfer.