What constitutes abandonment of the Bumper Man business that could lead to termination?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
anchisor.
(e) Severability and Enforceability of Covenants. Each of the covenants contained in this Section 17 will be considered separate and independent from each other. If any covenant in this Agreement which restricts competitive activity is deemed unenforceable for any reason, but would be enforceable by reducing or substituting any part of it in accordance with Section 26(a), such covenant will be enforced to the fullest extent permissible under Applicable Law.
18. DEFAULT AND TERMINATION.
The occurrence of any of the following will adversely and substantially affect the interests of Franchisor and will be deemed an Event of Default constituting just cause for exercising any of the remedies set forth herein:
- (a) Franchisor may terminate this Agreement upon delivery to Franchisee of Notice as a result of the occurrence of any of the following Ev
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, the franchise agreement can be terminated if a franchisee abandons or fails to actively operate the Bumper Man business for five or more business days. This is considered an Event of Default, which gives Bumper Man grounds for termination. However, this does not apply if the closure was approved in writing by Bumper Man or due to an Event of Force Majeure.
This clause protects Bumper Man from franchisees who might neglect their business, which could negatively impact the brand's reputation and overall network performance. It ensures that franchisees are actively engaged in running their Bumper Man business and providing services to customers. The exception for closures approved by Bumper Man in writing allows for planned absences, such as vacations or pre-approved business ventures. The exception for an Event of Force Majeure protects the franchisee in the event of unforeseen circumstances.
For a prospective Bumper Man franchisee, this means they must be committed to consistently operating their business. Unexplained or unapproved closures of five or more business days could lead to termination of the franchise agreement. Franchisees should maintain open communication with Bumper Man regarding any planned or unplanned closures to avoid potential default. It is also important to understand what Bumper Man considers an 'Event of Force Majeure' to ensure protection under those circumstances.
In the franchise industry, it is common for franchise agreements to include clauses about abandonment or failure to operate the business. This is to protect the brand and ensure consistent service levels across all locations. The specific number of days that constitute abandonment can vary, but five days is a relatively standard timeframe. Franchisees should carefully review the termination clauses in their franchise agreements to understand their obligations and the potential consequences of non-compliance.