What events are considered a 'Force Majeure Event' that could affect a Bumper Man franchise?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
(a) Force Majeure. Neither Franchisor nor Franchisee will be liable for loss or damage or deemed to be in breach of this Agreement if its failure to perform obligations results from a Force Majeure Event. Any delay resulting from any Force Majeure Event will extend performance accordingly or excuse performance, in whole or in part, as may be reasonable in the judgment of the Party to whom performance is owed. Franchisee or Franchisor will, within five days of the occurrence of the Force Majeure Event, give a written Notice to the other Party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of performance will be of no greater scope and of no longer duration than is reasonably required; provided, however, if the suspension of performance continues for 60 days from the date of the occurrence and such failure to perform would constitute an Event of Default of this Agreement in the absence of such Force Majeure Event, the Parties will meet and discuss in good faith any amendments to this Agreement to permit Franchisor to exercise its rights under this Agreement. If the Parties are not able to agree on such amendments within 30 days and if suspension of performance continues, Franchisor may terminate this Agreement immediately by giving written Notice to Franchisee or exercise any of the remedies described in Section 18 or otherwise available at law or in equity. In no event will Franchisee's inability to pay amounts due under this Agreement constitute a Force Majeure Event and no Force Majeure Event will operate to excuse Franchisee from the prompt payment of Continuing Service Fees, or any other fee or payment due to Franchisor pursuant to this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to the 2025 Bumper Man FDD, neither Bumper Man nor the franchisee is liable for loss or damage or breach of the agreement if failure to perform obligations results from a Force Majeure Event. Any delay from such an event will extend or excuse performance as judged reasonable by the party to whom performance is owed.
Within five days of a Force Majeure Event, the franchisee or franchisor must provide written notice to the other party, detailing the event's nature, anticipated duration, and actions taken to minimize its effect. Suspended performance will be limited in scope and duration to what is reasonably required.
However, if the suspension continues for 60 days and would constitute an Event of Default without the Force Majeure Event, both parties will discuss amendments to the agreement. If no agreement is reached within 30 days and the suspension continues, Bumper Man may terminate the agreement with written notice or pursue other legal remedies. The franchisee's inability to pay amounts due under the agreement will not constitute a Force Majeure Event, and it will not excuse the franchisee from promptly paying Continuing Service Fees or any other payments due to Bumper Man.