What claim does the Bumper Man franchisee expressly waive?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee does hereby, on behalf of itself and on behalf of its Principals, Affiliates and its and their respective Personnel, without reservation, irrevocably sell, assign, transfer and convey, and will be deemed to have irrevocably sold, assigned, transferred, and conveyed to Franchisor, its successors, assigns and legal representatives, all right, title and interest (past, present, future, and throughout the world) in and to any rights to any Intellectual Property related to the operation of the Bumper Business; and any and all claims, of any nature whatsoever, for past, present or future infringement or violation of such Intellectual Property rights.
If Franchisee, its Principals or Affiliates or its and their respective Personnel has any rights to work product that cannot be assigned to Franchisor, Franchisee, its Principals and Affiliates and its and their respective Personnel, as applicable, unconditionally and irrevocably waives the enforcement of such rights, and if such rights cannot be waived, Franchisee, on behalf of itself, its Principals and Affiliates and its and their respective Personnel, hereby grants to Franchisor a fully paid-up, exclusive, irrevocable, perpetual, worldwide license to display, copy, distribute, perform or use in any manner and to make derivative works of the work product. Franchisee will assist Franchisor to register and record (as may be required by Applicable Law or requested by Franchisor), and from time to time enforce, all rights in the Intellectual Property, and other rights and protections relating to the work product created hereunder in any and all countries. Franchisee will execute (and cause its Principals, Affiliates and its and their respective Personnel) any documents and take any other actions reasonably necessary to effectuate the purposes of this Section 14(c). Franchisee will include the requirements of this Section 14(c) in all agreements with its Principals, Affiliates and Personnel.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to the 2025 Bumper Man FDD, the franchisee, on behalf of themselves, their principals, affiliates, and personnel, irrevocably sells, assigns, transfers, and conveys to Bumper Man all rights, title, and interest in any intellectual property related to the operation of the Bumper Man business. This includes any and all claims for past, present, or future infringement or violation of such intellectual property rights.
In cases where the franchisee or related parties possess rights to work product that cannot be assigned to Bumper Man, they unconditionally and irrevocably waive the enforcement of such rights. If such a waiver is not possible, the franchisee grants Bumper Man a fully paid-up, exclusive, irrevocable, perpetual, worldwide license to use the work product in any manner, including creating derivative works.
This means that as a Bumper Man franchisee, you relinquish all rights and claims to any intellectual property developed or used in connection with your Bumper Man business. This includes potential claims against Bumper Man for using similar intellectual property. Franchisees must ensure that all agreements with their principals, affiliates, and personnel include these requirements to protect Bumper Man's intellectual property rights.