Can Bigfoot Forestry waive its right to require strict compliance with the terms of the agreement?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
ive. All cooperative advertising fees you pay are credited towards your Local Marketing Commitment. We may form, change or dissolve cooperatives in our discretion.
11. OPERATING STANDARDS.
- 11.1. Generally. You must operate your Business in full compliance with this Agreement, the Manual and our standards in order to maintain the goodwill associated with the Marks.
- 11.2. Brand Standards Manual. You must develop and operate your Business in strict compliance with the Manual. The Manual may contain, among other things:
- (a) a list of (i) goods and services (or specifications for goods and services) you must purchase to develop and operate your Business and (ii) designated and approved suppliers;
- (b) a description of the authorized goods and services you may sell;
- (c) specifications, techniques, methods, operating procedures and quality standards; and
- (d) policies and procedures pertaining to: (i) reporting and data entry; (ii) accounting and bookkeeping; (iii) insurance; (iv) marketing and advertising; (v) data ownership, use, transfer and protection; and (vi) any other matters we deem appropriate.
The Manual is designed to establish and protect our brand standards and the uniformity and quality of the goods and services offered by Bigfoot Forestry Businesses. We can modify the Manual at any time. Modifications are binding at the time we notify you of the change, subject to any "grace period" we provide to implement the change. All mandatory provisions in the Manual (whether included now or in the future) are binding on you.
- 11.3. Authorized Goods & Services. You must offer and provide all Bigfoot Forestry Services we require from time to time in our commercially reasonable discretion. We may designate certain Bigfoot Forestry Services as optional, in which case you have the option, but not the obligation, to offer such services. As a condition to offering optional goods or services you may be required to complete additional training, purchase additional equipment and tools and secure additional licenses or permits. You may not offer any other goods or services without our prior written permission. You may not sell any goods or services we have disapproved. You may not use your Business, or permit your Business to be used, for any purpose other than offering the goods and services we authorize.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to the 2025 Bigfoot Forestry FDD, franchisees must operate their businesses in strict compliance with the franchise agreement and the brand's manual. Specifically, section 11.1 states that franchisees must operate their business in full compliance with the agreement, the manual, and Bigfoot Forestry's standards to maintain the goodwill associated with the brand's marks. Section 11.2 further emphasizes that franchisees must develop and operate their business in strict compliance with the manual, which contains specifications, techniques, methods, operating procedures, and quality standards.
Bigfoot Forestry emphasizes the importance of these standards and operating procedures for maintaining the reputation and integrity of the system and the goodwill associated with its marks. If a franchisee breaches these standards or operating procedures, including failing to submit required reports on time, and fails to correct the issue within the prescribed time, Bigfoot Forestry may impose a noncompliance fee of $500 per occurrence. Additionally, a separate $100 fee may be imposed every 48 hours the same noncompliance issue remains uncured after the initial fee is levied.
The document also indicates that Bigfoot Forestry may periodically inspect a franchisee's home office, equipment, and job sites for quality control purposes. These inspections may address customer service, equipment condition, work quality, waste removal, and cleanup. Franchisees must fully cooperate with these inspections, and Bigfoot Forestry may implement a scoring system based on the inspection results. Failure to achieve a passing grade or score constitutes a default under the agreement, and the franchisee must take corrective actions within the specified timeframe.
While the FDD emphasizes strict compliance and outlines potential penalties for non-compliance, it does not explicitly state whether Bigfoot Forestry can waive its right to require strict compliance with the terms of the agreement. A prospective franchisee should seek clarification from Bigfoot Forestry on whether waivers are possible under certain circumstances and what conditions would need to be met for such a waiver to be considered.