Does the 'Assignment of Telephone Number(s)' affect the Bumper Man franchisee's ability to advertise their services?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
- (d) Disassociation in Communication Methods. Franchisee will, at Franchisor's option, assign to Franchisor (or its designee) or cancel any electronic mail address, domain name, search engine, website, or Social Media account that associates Franchisee with Franchisor, the Bumper Business, System, or Marks. Franchisee will notify the telephone company and all telephone directory publishers of the expiration or termination of Franchisee's right to use any telephone, telecopy, or other numbers and any telephone directory listings associated with any Mark, authorize the transfer of such numbers and directory listings to Franchisor in accordance with Exhibit G, or, at Franchisor's direction, instruct the telephone company to forward all calls made to Franchisee's telephone numbers to numbers Franchisor specifies.
- (e) Other De-Identification Obligations. Franchisee will promptly make such alterations as Franchisor specifies in the Manual or otherwise to distinguish the Bumper Business clearly from its former appearance and from other Bumper Man businesses so as to prevent confusion therewith to the public (e.g. remove Bumper Man vehicle wrap). Within 30 days from the effective date of expiration or termination of this Agreement, Franchisee will deliver to Franchisor all Brand Property (including without limitation the tablet used in connection with the operation of the Bumper Business and Bumper Man tools) and all other signs, vehicle wraps, advertising and promotion materials, forms and other materials containing any Mark or otherwise identifying or relating to a Bumper Business and allow Franchisor, without liability to Franchisee or third parties, to remove all such items from the Bumper Business. Franchisee will be responsible for all costs and expenses it incurs in complying with this Section 19(e) and furnish to Franchisor, within 30 days from the effective date of expiration or termination of this Agreement, with evidence satisfactory to Franchisor of its compliance with the foregoing obligations.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to the 2025 Bumper Man FDD, the 'Assignment of Telephone Number(s)' clause primarily affects a franchisee's advertising capabilities upon termination or expiration of the franchise agreement. Specifically, Bumper Man retains the option to have the franchisee assign or cancel any electronic mail address, domain name, search engine, website, or Social Media account that associates the franchisee with Bumper Man. This ensures that after the franchise agreement ends, the franchisee cannot continue to represent themselves as an active Bumper Man franchisee.
Furthermore, the franchisee is required to notify the telephone company and all telephone directory publishers about the termination of their right to use any telephone, telecopy, or other numbers and any telephone directory listings associated with any Bumper Man mark. The franchisee must authorize the transfer of such numbers and directory listings to Bumper Man or, at Bumper Man's direction, instruct the telephone company to forward all calls made to the franchisee's telephone numbers to numbers Bumper Man specifies. This prevents a former franchisee from diverting potential customers away from the Bumper Man system.
In addition to telephone numbers and online presence, the franchisee must also make alterations to distinguish the Bumper Business clearly from its former appearance and from other Bumper Man businesses to prevent public confusion. This includes removing vehicle wraps and delivering all advertising and promotion materials containing any Bumper Man mark to Bumper Man within 30 days of the agreement's expiration or termination. The franchisee is responsible for all costs associated with complying with these de-identification obligations. These measures collectively ensure that upon termination or expiration, the franchisee's advertising and promotional efforts do not continue to leverage the Bumper Man brand and system without authorization.