What terms can Bigfoot Forestry change when exercising its right of first refusal?

According to Bigfoot Forestry's 2025 Franchise Disclosure Document, if there is a material change to the terms of sale after Bigfoot Forestry receives an offer for the franchise, Bigfoot Forestry will again have the right of first refusal. This means that if the franchisee attempts to sell the franchise and Bigfoot Forestry initially declines to purchase it, but the terms of the sale change materially, Bigfoot Forestry has another opportunity to step in and purchase the franchise under the new terms.

This clause protects Bigfoot Forestry by ensuring they have the option to reconsider purchasing the franchise if the sale terms become more favorable or strategically advantageous. A 'material change' is not defined in this section, but could include changes to the sale price, payment terms, or other significant conditions of the sale.

For a prospective franchisee, this means that the sale of their franchise can be delayed if the terms change and Bigfoot Forestry decides to exercise their right of first refusal again. It also adds a layer of uncertainty to the sale process, as a seemingly finalized deal could be reopened if Bigfoot Forestry reconsiders its position due to altered terms. Franchisees should seek clarity from Bigfoot Forestry regarding what constitutes a 'material change' to avoid potential complications during a sale.