Can Bigfoot Forestry require franchisees to display a written notice of independent ownership?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, franchisees must identify themselves as independent owners of their Bigfoot Forestry Business in all dealings with third parties. Bigfoot Forestry has the right to mandate that franchisees display a written notice confirming this independent ownership, using a form that Bigfoot Forestry prescribes. This requirement extends to all agreements, forms, letterheads, advertising materials, business cards, and other materials specified by Bigfoot Forestry, ensuring consistent messaging about the franchisee's independent status.
This provision is included to clarify that franchisees are not agents, legal representatives, partners, or employees of Bigfoot Forestry. It reinforces the legal separation between the franchisor and franchisee, which is a common practice in franchising. By requiring franchisees to conspicuously state their independent ownership, Bigfoot Forestry aims to avoid any potential legal issues or misunderstandings with customers or other third parties who might otherwise assume that the franchisee is directly employed by Bigfoot Forestry.
For a prospective franchisee, this means they must be prepared to incorporate the prescribed independent ownership notice into their business materials and displays. While the FDD does not specify the exact wording or format of the notice, franchisees should expect to adhere strictly to Bigfoot Forestry's guidelines. Failure to comply with this requirement could potentially lead to a breach of the franchise agreement. Franchisees should seek clarification from Bigfoot Forestry regarding the specific requirements for the independent ownership notice to ensure full compliance.