Does Bigfoot Forestry own the Technology Systems that franchisees are required to use?

According to the 2025 Bigfoot Forestry FDD, franchisees are required to acquire and install all required Technology Systems as part of their pre-opening obligations. However, the FDD does not explicitly state whether Bigfoot Forestry owns these Technology Systems. Instead, the FDD defines the 'System' as the franchisor's system developed for the operation of a Bigfoot Forestry Business, characterized by elements such as the quality of services, equipment utilization, branding, customer service standards, marketing programs, training programs, and operating system. The Confidentiality Agreement included in the FDD indicates that franchisees may gain knowledge of Bigfoot Forestry's System and Know-how, and that protecting the Intellectual Property is vital to the success of the franchise.

Given that the franchisee is responsible for acquiring and installing the Technology Systems, it is unclear whether these systems are owned by Bigfoot Forestry and licensed to the franchisee, or whether the franchisee purchases them from a third-party vendor. The FDD defines Intellectual Property as collectively including Business Data, Copyrighted Materials, Improvements, Know-how, Marks, and System. Know-how includes the franchisor's trade secrets and proprietary information relating to the operation of the business, including information comprising the System.

Since the FDD does not specify who owns the Technology Systems, it is important for a prospective franchisee to seek clarification from Bigfoot Forestry regarding the ownership, licensing, and maintenance of these systems. Understanding whether the franchisee will own, lease, or license the Technology Systems, and what responsibilities the franchisee has for upgrades and maintenance, is crucial for assessing the overall investment and operational requirements of the franchise.