Is time of the essence in the Bigfoot Forestry franchise agreement?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
- 4.2. Reasonableness of Development Schedule. You represent that you: (a) have conducted your own independent investigation and analysis of the prospects for development of the Bigfoot Forestry Businesses in the Development Territory; (b) approve the Development Schedule as being reasonable and viable; and (c) recognize that any breach of the Development Schedule is a material breach of this Agreement.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to the 2025 Bigfoot Forestry FDD, adhering to the development schedule is considered a material aspect of the agreement. Specifically, any breach of the development schedule is explicitly stated as a material breach of the agreement.
Bigfoot Forestry requires franchisees to develop, open, and operate all Bigfoot Forestry Businesses as outlined in the Development Schedule. Each franchised territory is treated as a separate Bigfoot Forestry Business, and franchisees must strictly adhere to the opening dates specified in the schedule.
While Bigfoot Forestry may, at its discretion, extend opening dates if the franchisee demonstrates they used their best efforts and the delay was due to unforeseeable circumstances, franchisees acknowledge that the agreed-upon Development Schedule is reasonable and viable. This places a significant responsibility on the franchisee to meet the set timelines, as failure to do so constitutes a breach of the agreement.