Are covenants not to compete enforceable for Bumper Man franchisees in North Dakota?

According to the 2025 Bumper Man FDD, covenants not to compete, such as those mentioned in Section 17(a) of the Franchise Agreement, may be unenforceable in North Dakota, except in certain circumstances provided by law. This information is outlined in an addendum to the franchise agreement specifically for franchisees in North Dakota. This addendum takes precedence over conflicting terms in the standard agreement.

This means that the standard non-compete clauses in the Bumper Man Franchise Agreement might not be fully enforceable in North Dakota. The enforceability depends on specific circumstances as defined by North Dakota law, which are not detailed in this excerpt.

For a prospective Bumper Man franchisee in North Dakota, this could offer some flexibility. After the franchise agreement ends, the franchisee might have more freedom to engage in similar business activities without being restricted by the standard non-compete terms. However, it is important to seek legal counsel to understand the specific conditions under which non-compete clauses are unenforceable in North Dakota, as the FDD does not provide an exhaustive explanation.