In case of a conflict between the Bumper Man Addendum and the Franchise Agreement, which document's terms will control?

According to the 2025 Bumper Man FDD, the Franchise Agreement generally takes precedence over the Summary Page. Specifically, the Summary Page attached to the Bumper Man Franchise Agreement states that in the event of a conflict between the terms of the Summary Page and the Franchise Agreement, the terms of the Franchise Agreement will control.

However, the various addenda included in the FDD modify this general rule in specific instances. For example, the addenda for Rhode Island, Maryland, Minnesota, and New York each state that the addendum amends the Franchise Agreement. These addenda include clauses that supersede specific sections of the original agreement to comply with state laws. In these cases, the terms of the addendum would likely control to the extent of the specific conflict.

It is important for a prospective Bumper Man franchisee to carefully review both the Franchise Agreement and any addenda applicable to their state to understand their rights and obligations. Franchisees should pay close attention to any sections that modify or supersede terms in the original agreement, as these could have a significant impact on their business operations and legal standing.