Under the Bigfoot Forestry agreement, how must an approval from the franchisor be conveyed to be binding?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
You may not offer any other goods or services without our prior written permission.
Due to the unique issues and operational complexities involved with managing and servicing National Account customers, you may not directly contract with National Account customers or provide Bigfoot Forestry Services involving job sites owned by National Account customers unless you obtain our prior approval.
We have the exclusive right to enter into contracts with National Account customers.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to the 2025 Bigfoot Forestry Franchise Disclosure Document, several clauses specify that the franchisee needs prior approval from Bigfoot Forestry to undertake certain actions. Specifically, franchisees need prior written permission to offer any goods or services that Bigfoot Forestry has not authorized.
Additionally, franchisees cannot contract directly with National Account customers or provide Bigfoot Forestry Services involving job sites owned by National Account customers without obtaining prior approval from Bigfoot Forestry. Bigfoot Forestry retains the exclusive right to enter into contracts with National Account customers.
While these sections specify that prior approval is needed, they do not explicitly state the manner in which such approval must be conveyed to be considered binding (e.g., in writing, via email, etc.). A prospective franchisee should clarify with Bigfoot Forestry the required format for obtaining and documenting approvals to ensure compliance and avoid potential disputes.