What is the 'Restricted Territory' for a Bigfoot Forestry franchisee?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
"Restricted Territory" means the geographic area within: (a) your Territory; and (b) any territory assigned to another Bigfoot Forestry Business as of the date the Post-Term Restricted Period begins (we will provide you with a list of assigned territories upon request); provided, however, that if a court of competent jurisdiction determines that the foregoing Restricted Territory is too broad to be enforceable, then Restricted Territory means the geographic area within your Territory.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, the Restricted Territory defines the geographic area where certain post-term competitive restrictions apply to a franchisee. The standard Restricted Territory includes both the franchisee's assigned Territory and any territory assigned to another Bigfoot Forestry Business as of the date the post-term restricted period begins. Bigfoot Forestry will provide a list of assigned territories upon request.
However, the document provides a contingency: if a court deems the standard Restricted Territory too broad to be enforceable, the Restricted Territory will be limited to only the franchisee's Territory. This clause suggests that the enforceability of the broader restriction may be uncertain and could be challenged in court.
This definition is important for prospective franchisees because it outlines the geographic scope of their non-compete obligations should they leave the Bigfoot Forestry system. Franchisees need to understand these restrictions to assess their future business options and potential limitations on operating a competing business after the franchise agreement ends. The inclusion of other franchisees' territories in the Restricted Territory could significantly limit a former franchisee's options, depending on the proximity and density of other Bigfoot Forestry locations.