Does Bigfoot Forestry have a right of first refusal for franchise transfers?

According to Bigfoot Forestry's 2025 Franchise Disclosure Document, Bigfoot Forestry does have a right of first refusal regarding franchise transfers. Specifically, prior to a transfer of ownership, Bigfoot Forestry can choose to exercise its right of first refusal, meaning they can opt to purchase the franchise business themselves under the same terms offered by a potential buyer.

However, this right of first refusal does not apply to what Bigfoot Forestry defines as a "Permitted Transfer." A Permitted Transfer includes transfers between existing owners, transfers to a new Developer Entity where the original owners maintain 100% ownership and control, or transfers of less than 20% of the equity interests in the Development Business or Developer Entity, provided the Managing Owner retains at least 20% ownership.

If Bigfoot Forestry chooses not to exercise its right of first refusal, the franchisee can proceed with the transfer, provided they meet several conditions. These conditions include the payment of a $10,000 transfer fee, assigning all Franchise Agreements to the transferee, obtaining a General Release, and satisfying any other reasonable conditions required by Bigfoot Forestry. The franchisee must also ensure that the transferee meets Bigfoot Forestry's criteria for franchisees, including demonstrating sufficient business experience, aptitude, and financial resources.