Can the Bumper Man franchise agreement be modified verbally?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
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
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
Based on the 2025 Bumper Man Franchise Disclosure Document, the franchise agreement can only be modified through a written addendum. Several addenda are referenced throughout the document, such as the Rhode Island Franchise Investment Act Addendum, the Washington Addendum, and the Maryland Franchise Registration and Disclosure Law Addendum. These addenda specifically amend certain provisions of the original franchise agreement, and they all require written acknowledgement and consent from both Bumper Man and the franchisee.
Specifically, the Maryland Addendum states, "Except as amended in this Addendum, the Franchise Agreement will be construed and enforced in accordance with its terms." This implies that any changes or modifications to the original agreement must be documented in writing within an addendum to be considered valid and enforceable. This requirement ensures clarity and prevents disputes arising from verbal agreements or understandings that are not formally recorded.
For a prospective Bumper Man franchisee, this means that any discussions or promises made by the franchisor that are not included in the written franchise agreement or its addenda are not legally binding. It is crucial to ensure that all agreed-upon terms, conditions, and modifications are documented in writing and signed by both parties to avoid potential misunderstandings or disagreements in the future. This protects the franchisee's interests and ensures that the franchise relationship is governed by clear, unambiguous terms.