Does the 'Assignment of Telephone Number(s)' include any warranties from the Bumper Man franchisee regarding the validity and transferability of the telephone numbers?
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.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
The 2025 Bumper Man Franchise Disclosure Document addresses the assignment of telephone numbers upon termination or expiration of the franchise agreement. Specifically, the franchisee is required to notify the telephone company and directory publishers about the termination of their right to use any phone numbers associated with the Bumper Man brand. The franchisee must also authorize the transfer of these numbers and directory listings to Bumper Man, or, at Bumper Man's direction, instruct the phone company to forward all calls to a number Bumper Man specifies. However, the FDD does not explicitly state that the franchisee provides any warranties regarding the validity and transferability of these telephone numbers.
This obligation ensures that upon the end of the franchise agreement, customers trying to contact the former Bumper Man location will be redirected to Bumper Man or a new franchisee, maintaining continuity for the brand. The franchisee is responsible for taking the necessary steps to facilitate this transfer or forwarding, which could involve paperwork and coordination with the telephone company.
Since the FDD does not specify any warranties from the franchisee regarding the validity and transferability of the phone numbers, a prospective franchisee should seek clarification from Bumper Man about potential liabilities if the phone numbers cannot be transferred or are not valid. Understanding the scope of the franchisee's responsibility in ensuring a smooth transfer is crucial. It would be prudent to ask Bumper Man about typical scenarios encountered during such transfers and any associated costs or complications.