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What is the dependency between the Certified Technician and the Certified Technician Addendum for a Bumper Man franchise?

Bumper_Man Franchise · 2025 FDD

Answer from 2025 FDD Document

n, Inc., 1432 Airport Blvd, Mesquite, TX, 75181. Capitalized terms not defined in this Exhibit E have the meanings set forth in the Agreement.

Garage Liability Insurance

Garage Liability Insurance policy with a minimum each occurrence policy limit of $1,000,000.

Garage Keepers Insurance

Garage Keepers Insurance policy with a required limit per vehicle of $50,000.

Commercial Vehicle Insurance

Commercial Vehicle Insurance policy with a combined single policy limit of $500,000.

EXHIBIT F TO FRANCHISE AGREEMENT CERTIFIED TECHNICIAN ADDENDUM

CERTIFIED TECHNICIAN ADDENDUM TO BUMPER MAN FRANCHISE AGREEMENT

This Certified Technician Addendum to Bumper Man Franchise Agreement ("Addendum") is effective as of, 20 (the "Effective Date") by and among Bumper Man, Inc. ("Franchisor"), and ("Franchisee"), ("Principal") and ("Certified Technician"). Franchisor, Franchisee, Principal and Certified Technician are collectively referred to as "Parties" in this Addendum.
1.
INTRODUCTION. Franchisor and Franchisee are parties to the Bumper Man Franchise
Agreement dated, 20 (the "Franchise Agreement") pursuant to which Franchisee
operates
a
Bumper
Man
bumper
repair
business
at
("Bumper Business").
Franchisee has
requested Franchisor's consent to retain the services of a Certified Technician to perform
services within the Designated Area on, 20 ("Commencement Date") to maximize
the number of customers serviced by the Bumper Business.
2.
DEFINITIONS.
All capitalized terms used herein but not defined shall have the
meaning given to such terms in the Franchise Agreement.
3.
CONDITIONS FOR APPROVAL. Franchisor will grant the limited right to Certified
Technician to perform the services in the Designated Area during the Term of the Franchise
Agreement (unless terminated in accordance with Section 18), as further set forth in Section 4 of
this Addendum, subject to Franchisee's and Certified Technician's satisfaction of the conditions
set forth in this Section 3 prior to or concurrently with the proposed Commencement Date:
(a)
Franchisee and its Principals have paid all Continuing Service Fees and all other amounts
owed to Franchisor and its Affiliates, submitted all required Reports and other statements
and data and otherwise are in full compliance with this Agreement as of the date of
Franchisee's
request
for
approval
of
the
Certified
Technician
and
as
of
the
Commencement Date.
(b)
The proposed Certified Technician: (1) has sufficient business experience, aptitude,
assets and financial resources to operate the Bumper Business; (2) meets Franchisor's
then-applicable standards for Bumper Business franchisees set forth in the Manual; (3)
and each of the Persons holding a direct or indirect Equity Interest in Certified
Technician (if Certified Technician is an Entity) is not engaged and will not engage in the
operation or ownership of a business offering bumper repair services or any competitor of
Bumper Man, and will engage only in the operation of the Bumper Business; and (4) will
cooperate with reasonable due diligence requests made by Franchisor promptly thereafter
and if additional time is reasonably needed, then prior to the proposed Commencement
Date.

(c) Certified Technician will complete any refresher training as requested by Franchisor.

  • (d) Certified Technician will agree to be bound by all terms and conditions of the Franchise Agreement, as set forth in Section 4 below.
  • (e) Certified Technician will pay to Franchisor the Certified Technician Fee;
  • (f) If Certified Technician is an Entity, its Principals will sign a Guaranty and Undertaking of Obligations in the form attached as Exhibit A. In addition, if Certified Technician is an Entity, then the Certified Technician Operating Principal is _________________________, and Certified Technician represents and warrants to Franchisor that: (i) such Certified Technician Operating Principal satisfies the criteria for a Certified Technician Operating Principal, as described in the Franchise Agreement; and (ii) all Equity Interest in Certified Technician are disclosed in the Guaranty and Undertaking of Obligations.
  • (g) Franchisee, Certified Technician and their respective Principals have executed a general release, in form satisfactory to Franchisor, releasing Franchisor, it officers, directors, employees, agents and affiliates from any and all claims arising out of the operation of the Bumper Business, excluding those claims which cannot be released under applicable law.
  • 4. GRANT AND UNDERTAKING OF FRANCHISEE OBLIGATIONS. Subject to the reserved rights described in Section 2(e) of the Franchise Agreement, Franchisor grants to Certified Technician, upon the terms and conditions in the Franchise Agreement, the right and license, and Certified Technician hereby accepts the right and obligation, to operate a Bumper Business within all or a portion of Franchisee's Designated Area, as determined by Franchisee as set forth in Exhibit B.

For the Term and afterward as provided in the Franchise Agreement and except as otherwise provided in this Addendum, Certified Technician will punctually pay and perform each and every undertaking, agreement, covenant and obligation set forth in the Franchise Agreement. Certified Technician represents that each and every representation and warranty set forth in the Franchise Agreement is true, complete and accurate as to Certified Technician, including without limitation representations, warranties and covenants described in the following sections of the Agreement: Section 10 (Representations, Warranties and Covenants), Section 13 (Insurance) and Exhibit E (Insurance Requirements), Section 17 (Restrictive Covenants) and Section 20 (Indemnification), and Certified Technician hereby unconditionally agrees to be bound by each and every provision in the Franchise Agreement, both monetary obligations and obligations to take or refrain from taking specific actions, or to engage or refrain from engaging in specific activities, and liable for, its breach of any provision of the Franchise Agreement. With respect to the insurance requirements set forth in Exhibit E, Certified Technician will identify Franchisee as an additional insured in addition to Bumper Man, Inc.

5. ACKNOWLEDGMENT OF FRANCHISEE. Franchisee will directly supervise the performance of Certified Technician. Franchisee will be liable for the performance of Certified Technician under the Franchise Agreement (including without limitation Certified Technician's performance of services) and any loss, damage or delay incurred in connection with Certified

Technician's performance of the services or breach of the terms and conditions of the Franchise Agreement or this Addendum to the same extent as if Franchisee had performed the services. Nothing contained in this Addendum will relieve Franchisee of its obligations under the Franchise Agreement and Franchisee will remain liable for all of such obligations.

  • 6. SERVICE FEE. For Gross Revenues of the Bumper Business for services performed by Certified Technician, Franchisor will deduct the Continuing Service Fee and disburse the remaining invoiced amounts to Franchisee in accordance with Section 4(e) of the Franchise Agreement to Franchisee and Certified Technician as follows: 15% of remaining invoiced amounts will be disbursed to Franchisee and 60% of remaining invoiced amounts will be disbursed to Certified Technician, less any amounts owed to Franchisor, including without limitation note payments, charge-backs on past due invoices, advances made by Franchisor, or attorneys' fees and court costs incurred by Franchisor in enforcing payment of accounts by customers.
  • **7.

Source: Item 23 — RECEIPTS (FDD pages 45–180)

What This Means (2025 FDD)

According to the 2025 Bumper Man FDD, the relationship between a Certified Technician and the Certified Technician Addendum is central to the operation of the Bumper Business. The Certified Technician is defined as the person approved by Bumper Man in writing to perform services within a franchisee's designated area, and this arrangement is governed by the Certified Technician Addendum.

The Certified Technician Addendum outlines the terms and conditions under which the franchisee and the Certified Technician will operate the Bumper Business. The franchisee must request and receive Bumper Man's consent to retain a Certified Technician. The approval is subject to certain conditions, including that the franchisee is in full compliance with the Franchise Agreement and that the proposed Certified Technician meets Bumper Man's standards for franchisees. The Certified Technician must also agree to be bound by all terms and conditions of the Franchise Agreement.

The Certified Technician Addendum is effective for a term of two years, with the possibility of two consecutive two-year renewals, provided the Certified Technician meets Bumper Man's requirements. The addendum terminates immediately upon the expiration, termination, or transfer of the Franchise Agreement. The rights and duties created by the addendum are personal to the Certified Technician and cannot be transferred. The franchisee is responsible for directly supervising the Certified Technician and remains liable for their performance under the Franchise Agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.