Does Bigfoot Forestry have sole discretion over how the brand fund is used?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
We have sole discretion in determining the content, concepts, materials, media, endorsements, frequency, placement, location and all other matters pertaining to marketing or advertising activities. Any surplus in the fund may be invested and we may lend money to the fund if there is a deficit. The fund is not a trust and we have no fiduciary obligations to you with respect to our administration of the fund. In terms of marketing activities paid for by the fund, we do not ensure that: (a) expenditures in (or affecting) a given geographic area are proportionate or equivalent to the brand fund fees paid by franchisees in that geographic area; or (b) franchisees benefit directly or in proportion to their brand fund fees. We will prepare, and make available to you upon request, an annual statement of fund operations, including deposits and disbursements. We may suspend or discontinue the fund at any time upon 30 days' prior notice.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, Bigfoot Forestry has sole discretion in determining various aspects of marketing and advertising activities. This includes the content, concepts, materials, media, endorsements, frequency, placement, location, and all other related matters.
Bigfoot Forestry can invest any surplus funds and may also lend money to the fund if there is a deficit. The brand fund is not considered a trust, and Bigfoot Forestry does not have any fiduciary obligations to franchisees regarding the fund's administration.
The FDD also clarifies that Bigfoot Forestry does not ensure that marketing expenditures are proportionate to the brand fund fees paid by franchisees in any specific geographic area, nor does it guarantee that franchisees will directly benefit in proportion to their fees. However, Bigfoot Forestry will provide an annual statement of fund operations, including deposits and disbursements, available to franchisees upon request. Bigfoot Forestry also reserves the right to suspend or discontinue the fund at any time, providing 30 days' prior notice.