Does Bigfoot Forestry waive its rights by accepting payment after a franchisee's breach?

The 2025 Bigfoot Forestry FDD addresses the topic of waiver of rights in the context of a franchisee's breach, specifically regarding non-competition covenants. According to the FDD, if a franchisee engages in prohibited activities during the restricted period, the restricted period will be extended by the amount of time the franchisee was engaged in the prohibited activity.

Importantly, the FDD states that this extension of time does not constitute a waiver of the franchisee's breach, nor does it impair any of Bigfoot Forestry's rights or remedies related to the breach. This means that even if Bigfoot Forestry allows the franchisee to continue operating and accepts payments during the extended restricted period, Bigfoot Forestry does not relinquish its right to pursue legal action or other remedies for the initial breach of the non-competition agreement.

This clause protects Bigfoot Forestry's interests by ensuring that they can address a franchisee's violation of the non-competition agreement without inadvertently forfeiting their legal options. For a prospective franchisee, this highlights the importance of strictly adhering to the non-competition terms, as continued operation and acceptance of payments by Bigfoot Forestry does not guarantee immunity from consequences related to a breach.