Under the Bigfoot Forestry Development Agreement, what right and obligation is granted to the developer?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
2. GRANT OF DEVELOPMENT RIGHTS. Subject to the terms of this Agreement, we hereby grant you the right and obligation to develop, open and operate each of the Bigfoot Forestry Businesses referred to in the Development Schedule. All Bigfoot Forestry Businesses you develop pursuant to this Agreement must be located and operate within the Development Territory. This Agreement does not grant you any right or license to use our Intellectual Property.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to the 2025 Bigfoot Forestry Franchise Disclosure Document, the Development Agreement grants the developer the right and obligation to develop, open, and operate Bigfoot Forestry Businesses within a specific Development Territory, as outlined in the Development Schedule. This means the developer is not only permitted but also required to establish and run a certain number of Bigfoot Forestry locations according to a pre-determined timeline and geographic area. However, this agreement does not grant any rights to use Bigfoot Forestry's intellectual property.
The Development Territory dictates where the developer can operate, and all Bigfoot Forestry Businesses must be located within this territory. Bigfoot Forestry retains certain rights, including the ability to engage in acquisitions that may result in competitive businesses operating within the Development Territory and the exclusive right to contract with National Account customers, even if their job sites are within the developer's territory. This means that while the developer has certain territorial protections, Bigfoot Forestry can still operate or authorize others to operate within that territory under specific circumstances.
The developer must adhere to the Development Schedule, opening each Bigfoot Forestry Business by the dates listed, even if those dates are earlier than required under the associated Franchise Agreement. The developer acknowledges the reasonableness and viability of the Development Schedule and recognizes that any breach of this schedule constitutes a material breach of the Development Agreement. For each Bigfoot Forestry Business, the developer is required to sign a separate Franchise Agreement, which will be Bigfoot Forestry's then-current form and may vary substantially from the initial agreement, although the initial franchise fee will be determined according to specified terms.