Is the choice of law for the Bumper Man franchise agreement subject to state law?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
as law applies (subject to state law) | | Provision | Section in Franchise | Summary | | | Agreement | | |----------------------------------------------
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 33–38)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, the franchise agreement's choice of law is subject to state law. Specifically, Section 24(b) of the Bumper Man franchise agreement stipulates that Texas law governs the agreement; however, this is explicitly qualified as being 'subject to state law.'
This means that while the agreement is generally interpreted under Texas law, any conflicts with the laws of the franchisee's state would take precedence. This is a fairly common provision in franchise agreements, as it recognizes that certain aspects of the franchise relationship may be governed by state-specific regulations, such as franchise relationship laws or consumer protection laws.
For a prospective Bumper Man franchisee, this is an important consideration. It means that the franchisee should be aware of both Texas law and the laws of their own state to fully understand their rights and obligations under the franchise agreement. Consulting with an attorney who is familiar with franchise law in the franchisee's state is advisable to ensure full compliance and understanding.