What is the 'Restricted Territory' for Bigfoot Forestry franchisees?
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 the 2025 Bigfoot Forestry FDD, the Restricted Territory is defined as the geographic area within the franchisee's 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 FDD also states that if a court determines that the Restricted Territory is too broad to be enforceable, then the Restricted Territory will be limited to the geographic area within the franchisee's Territory.
This definition is important for prospective franchisees because it defines the area in which they are restricted from operating a competing business after the franchise agreement ends. The enforceability of non-compete agreements can vary by jurisdiction, so the inclusion of the clause addressing a court's determination suggests Bigfoot Forestry is aware of this and attempting to create a provision that is as enforceable as possible. Franchisees should be aware of the potential scope of this restriction and how it might impact their future business opportunities after leaving the Bigfoot Forestry system.