factual

Must a waiver of obligation in the Bigfoot Forestry agreement be in writing?

Bigfoot_Forestry Franchise · 2025 FDD

Answer from 2025 FDD Document

  • "General Release" means our then-current form of Waiver and Release of Claims that you and your Owners must sign pursuant to §7.2 in connection with a Transfer.

Source: Item 23 — RECEIPT (FDD pages 42–162)

What This Means (2025 FDD)

According to Bigfoot Forestry's 2025 Franchise Disclosure Document, the term "General Release" is defined as the franchisor's current form of Waiver and Release of Claims that the franchisee and their owners must sign in connection with a transfer, as specified in another section of the agreement. This definition implies that the waiver must be in writing, as it refers to a specific form. However, the excerpt does not explicitly state that all waivers of obligation must be in writing.

While the definition of "General Release" suggests a written format for that specific type of waiver related to transfers, it does not clarify whether other types of waivers or releases related to different obligations must also be in writing. The FDD excerpt focuses on defining terms rather than detailing the specific requirements for all potential waivers.

A prospective Bigfoot Forestry franchisee should seek clarification from the franchisor regarding whether all waivers of obligation, beyond the "General Release" related to transfers, must be in writing. Understanding the specific circumstances under which waivers are required and the format they must take is crucial for ensuring compliance with the franchise agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.