factual

How can the Bumper Man franchise agreement be modified?

Bumper_Man Franchise · 2025 FDD

Answer from 2025 FDD Document

Except as amended in this Addendum, the Franchise Agreement will be construed and enforced in accordance with its terms.

Each of the undersigned hereby acknowledges having read and understood this Addendum and consents to be bound by all of its terms.

[ Bumper Man, Inc. ]

ADDENDUM TO THE FRANCHISE AGREEMENT

PURSUANT TO THE RHODE ISLAND FRANCHISE INVESTMENT ACT

This Addendum to the Franchise Agreement between Bumper Man, Inc. ("Franchisor") and ("Franchisee") is dated Capitalized terms not defined in this Addendum have the meanings given in the Franchise Agreement. Notwithstanding anything which may be contained in the Franchise Agreement to the contrary, the Franchise Agreement is amended to include the following: 1. Section 19-28.1-14 of the Rhode Island Franchise Investment Act provides that: "A provision in a franchise agreement restricting jurisdiction or venue to a forum outside this state or requiring the application of the laws of another state is void with respect to a claim otherwise enforceable under this Act." [ Bumper Man, Inc. ]

WASHINGTON ADDENDUM TO THE FRANCHISE AGREEMENT, AND RELATED AGREEMENTS

    1. Section 16(d)(ii) of the Franchise Agreement is hereby deleted and replaced with the following:
    • (2) The proposed transferee (and its direct and indirect owners):
      • (i) have sufficient business experience, aptitude, assets and financial resources to operate the Bumper Business;
      • (ii) are individuals of good character and otherwise meet Franchisor's thenapplicable Standards for Bumper Man franchisees, including without limitation: (A) the proposed transferee must satisfy Franchisor's minimum net worth, liquid asset, equity/debt ratio and credit score requirements; (B) the proposed transferee must submit a complete and accurate franchise application and payment of all applicable fees; (C) the proposed transferee must complete and pass all background checks; (D) there must not be any felony convictions or other crimes of proposed transferee that may adversely affects the Marks, the System or the Franchisor, and there must not be a pleading of no contest to any other of these by the proposed transferee; (E) there have been no previous claims by the proposed transferee against another franchisor or affiliate; (F) the operation or ownership of the Bumper Business or proposed transferee's entity will not violate any contracts with any third party; and (G) the proposed transferee must not have a pattern or practice of litigiousness;
      • (iii) are not engaged and will not engage in the operation or ownership of a Competitive Business, and will engage only in the operation of the Bumper Business; and
      • (iv) will cooperate with reasonable due diligence requests made by Franchisor promptly thereafter and if additional time is reasonably needed, then prior to the proposed effective date of the Transfer. Franchisor may expand upon, and provide more details related to, the conditions for transfer and Franchisor's consent as described in this Section 16(c), and may do so in the Manual or otherwise in writing. Franchisor may, but is not obligated to, provide additional details regarding the transfer conditions and Franchisor's consent to Franchisee.
    1. The Franchise Agreement requires the application of the laws of Texas. This provision may not be enforceable under California law.

[ Bumper Man, Inc. ] Each of the undersigned hereby acknowledges having read and understood this Addendum and consents to

be bound by all of its terms.

The following sentence is added to the end of the Franchise Agreement: "Section 41 of the Illinois Franchise Disclosure Act states that any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with any provision of the Act or any other law of the State of Illinois is void."

Except as amended in this Addendum, the Franchise Agreement will be construed and enforced in accordance with its terms.

[ Bumper Man, Inc. ] Each of the undersigned hereby acknowledges having read and understood this Addendum and consents to

be bound by all of its terms.

ADDENDUM TO THE FRANCHISE AGREEMENT PURSUANT TO THE MARYLAND FRANCHISE REGISTRATION AND DISCLOSURE LAW

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.

8. TERM OF ADDENDUM.

  • (a) Term. The term of this Addendum will commence on the Effective Date of this Addendum and will expire two years thereafter, unless this Addendum or the Franchise Agreement is terminated as provided in Section 18 of the Franchise Agreement. For the sake of clarity, this Addendum will terminate immediately upon the expiration, termination or Transfer of the Franchise Agreement. The grounds for termination of the Franchise Agreement appear in Exhibit C.
  • (b) Renewal. Certified Technician may, at its option, continue to operate the Bumper Business pursuant to this Addendum and the Franchise Agreement for two consecutive two-year terms, subject to Certified Technician's satisfaction of the conditions required by Franchisor as set forth in Section 3(b) of the Franchise Agreement. If Certified Technician elects not to renew but desires to purchase a Bumper Man franchise for a new, available Designated Area and provided Certified Technician: (i) satisfies Franchisor's then-current criteria for new franchisees; (ii) is not in default of the Franchise Agreement and this A

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 can be modified through addenda. These addenda are specific to certain states like Rhode Island, Washington, and Maryland, and address state-specific franchise laws. For example, the Rhode Island addendum addresses the Rhode Island Franchise Investment Act, rendering void any provision restricting jurisdiction or venue to a forum outside of Rhode Island, or requiring the application of other states' laws regarding claims enforceable under that Act. Similarly, the Washington addendum modifies conditions for transfer, particularly concerning transferee qualifications. The Maryland addendum includes a statement about waiving compliance with the Illinois Franchise Disclosure Act.

These addenda indicate that the standard Bumper Man franchise agreement is subject to modifications to comply with varying state franchise laws. This is a common practice in franchising, as franchise laws differ significantly from state to state. Franchisees should pay close attention to any addenda specific to their state, as these will outline any changes to the standard agreement.

Furthermore, the franchise agreement can be modified through a Certified Technician Addendum. This addendum outlines the conditions for a franchisee to retain a certified technician. The addendum has its own term, and may be renewed.

It is important for prospective Bumper Man franchisees to carefully review the franchise agreement and any associated addenda to understand their rights and obligations fully, and how these may be altered by state-specific laws or other agreements.

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.
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