factual

Who is the Bumper Man franchise agreement binding upon?

Bumper_Man Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (c) Binding Effect. This Agreement is binding upon the Parties and their respective executors, administrators, heirs, assigns and successors-in-interest and will not be modified except by a written agreement signed by both Franchisee and Franchisor.

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

What This Means (2025 FDD)

According to the 2025 Bumper Man Franchise Disclosure Document, the franchise agreement is binding upon the parties involved, including their executors, administrators, heirs, assigns, and successors-in-interest. This means that the obligations and benefits of the agreement extend not only to the original franchisee and franchisor but also to those who inherit or acquire their interests. This ensures continuity and enforceability of the agreement even if the original parties are no longer directly involved.

Specifically, the agreement cannot be modified except through a written agreement signed by both the franchisee and franchisor. This requirement for written modification protects both parties by ensuring that any changes to the agreement are documented and mutually agreed upon, preventing misunderstandings or disputes over verbal agreements or informal communications. This is a standard practice in franchising to maintain clarity and legal certainty.

Furthermore, the FDD includes addenda that address specific state laws, such as those in Illinois, Maryland, Rhode Island and Washington, which may modify or supersede certain provisions of the franchise agreement to comply with local regulations. For example, the Illinois Franchise Disclosure Act states that any provision purporting to waive compliance with the Act is void. Similarly, Rhode Island law voids any provision restricting jurisdiction or venue to a forum outside of Rhode Island or requiring the application of another state's laws. These addenda highlight the importance of understanding how state-specific laws can impact the franchise agreement and the franchisee's rights and obligations.

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.