What is the significance of ATTACHMENT 'A' in relation to the Bigfoot Forestry Franchised Territory?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
----------------------------|---| | 2. | GRANT OF DEVELOPMENT RIGHTS | 2 | | 3. | TERRITORIAL PROTECTIONS AND LIMITATIONS | 2 | | 4. | DEVELOPMENT OBLIGATIONS | | | 5. | DEVELOPMENT FEE. | 3 | | 6. | AREA DEVELOPER AS ENTITY | 3 | | 7. | TRANSFERS | | | 8. | TERMINATION OF DEVELOPMENT RIGHTS | 4 | | 9. | DISPUTE RESOLUTION | 5 | | | YOUR REPRESENTATIONS. GENERAL PROVISIONS | 5 | | | | |
ATTACHMENTS
ATTACHMENT "A" Deal Terms
AREA DEVELOPMENT AGREEMENT
This Area Development Agreement (this "Agreement") is entered into as of, 202 (the "Effective Date") between Bigfoot Franchising, LLC, a South Carolina limited liability company ("we" or "us") and, a(n) ("you").
- 1. DEFINITIONS. Capitalized terms not defined above have the meanings given to them below, or if not defined below, the meanings given to them in the Initial Franchise Agreement.
- "Developer Entity" means the Entity that: (a) signs this Agreement as the area developer (if this Agreement is signed by an Entity); or (b) assumes this Agreement subsequent to its execution by the original Owners.
- "Development Business" means the franchised business you conduct pursuant to this Agreement consisting of developing and opening Bigfoot Forestry Businesses within the Development Territory.
- "Development Schedule" means the schedule described in §4.1 and Part C of ATTACHMENT "A" for the development of the Bigfoot Forestry Businesses within the Development Territory.
- "Development Territory" means the geographic area comprised by all of the individual Franchised Territories described in Part D of ATTACHMENT "A" on a combined basis.
- "Dispute" means any Claim, dispute or disagreement between the parties, including any matter pertaining to: (a) the interpretation or enforcement of this Agreement; (b) the offer or sale of the area development rights; or (c) the relationship between the parties.
- "Franchise Agreement" means a Bigfoot Forestry Franchise Agreement executed by us and you (or your affiliate) for the development and operation of a Bigfoot Forestry Business pursuant to this Agreement.
- "Franchised Territory" means and includes any of the franchise territories described in Part D of ATTACHMENT "A", each of which shall serve as the "Territory" assigned to one of your Bigfoot Forestry Businesses under a Franchise Agreement you sign.
- "General Release" means our then-current form of Waiver and Release of Claims that you and your Owners must sign pursuant to §7.2 in connection with a Transfer.
- "Initial Franchise Agreement" means the Franchise Agreement you execute for the first Bigfoot Forestry Business to be developed pursuant to this Agreement.
- "Owner" means a Person who meets any of the following criteria: (a) the Person directly signs this Agreement as the area developer, either alone or in conjunction with one or more other Persons; (b) the Person directly or indirectly through one or more intermediaries owns an Equity Interest in the Development Business or Developer Entity;
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, Attachment A is referenced in the Area Development Agreement and contains critical information regarding the development schedule, equipment package, and franchise territories. Specifically, Part D of Attachment A describes the franchise territories, which serve as the 'Territory' assigned to a franchisee's Bigfoot Forestry Business under the Franchise Agreement.
The Development Schedule, outlined in Part C of Attachment A, details the timeline for opening Bigfoot Forestry Businesses within the Development Territory. Franchisees must adhere to these opening dates, even if they are earlier than the dates specified in the Franchise Agreement. Any breach of the Development Schedule is considered a material breach of the Area Development Agreement.
Furthermore, Part C of Attachment A includes a table listing the current Equipment Package and its associated pricing, which franchisees must purchase from Bigfoot Forestry's affiliate before opening their business. Bigfoot Forestry retains the right to modify the items included in the Equipment Package and their pricing at any time. Therefore, prospective franchisees should carefully review Attachment A to understand their development obligations, territory specifics, and equipment costs.