After termination of the Bigfoot Forestry agreement, is the franchisee required to comply with instructions to transfer all advertising and promotional materials bearing the Marks?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
(h) comply with our instructions to return, destroy or transfer all copies of the Manual and Copyrighted Materials and all signs, brochures, advertising and promotional materials, forms and other materials bearing the Marks or containing Confidential Information;
(i) take all steps that are necessary, or that we reasonably require, to modify your Bigfoot Forestry Vehicle(s) and operating equipment to remove any reference to or association with a Bigfoot Forestry Business including: (1) removing all decals, trade dress and other references to our Marks; and (2) if reasonably necessary, repainting the operating equipment to eliminate any further use of our distinctive color schemes associated with a Bigfoot Forestry Business;
(j) (k) notify all telephone, listing and domain name registration companies of the termination or expiration of your right to use: (i) any telephone numbers and/or domain names associated with your Business; and (ii) any regular, classified or other telephone directory listings associated with the Marks (you hereby authorize the foregoing companies to transfer such telephone numbers, domain names and listings to us and you authorize us, and appoint us and any officer we designate as your attorney-in-fact to direct these companies to transfer the telephone numbers, domain names and listings to us if you fail or refuse to do so); and
(k) provide us with satisfactory evidence of your compliance with the above obligations within 30 days after the effective date of the termination, expiration or Transfer of this Agreement.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, upon termination of the franchise agreement, the franchisee must adhere to specific instructions regarding advertising and promotional materials. The franchisee is required to comply with Bigfoot Forestry's directives to return, destroy, or transfer all copies of the Manual and Copyrighted Materials, as well as any signs, brochures, advertising, promotional materials, forms, and other materials that display the Marks or contain Confidential Information.
This obligation ensures that after the termination of the agreement, the franchisee does not continue to use Bigfoot Forestry's branding, trademarks, or confidential information. This is a standard practice in franchising to protect the brand's integrity and prevent confusion among customers. The franchisee must also take necessary steps to modify their Bigfoot Forestry vehicles and operating equipment to remove any association with the Bigfoot Forestry business, including removing decals and repainting equipment if needed to eliminate the brand's distinctive color schemes.
Furthermore, the franchisee is responsible for notifying all relevant telephone, listing, and domain name registration companies about the termination of their right to use any telephone numbers or domain names associated with the business, as well as any directory listings associated with the Marks. The franchisee authorizes these companies to transfer such telephone numbers, domain names, and listings to Bigfoot Forestry. If the franchisee fails to do so, Bigfoot Forestry is authorized to act as their attorney-in-fact to direct these companies to make the transfer. The franchisee must provide satisfactory evidence of compliance with these obligations within 30 days after the termination date.