What does the Bumper Man franchise agreement say about promises or guarantees regarding sales or profits?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
- (d) Disclaimer of Warranties. Each Party hereby acknowledges that neither the other Party nor its agents or representatives have made any promises, representations, guarantees, nor warranties of any nature concerning actual or potential sales or profits of a Bumper Business or that the Bumper Business to be established and operated by Franchisee hereunder will be successful or profitable. Franchisee and its Principals represent and acknowledge that they are not relying upon any information, promise, representation, guaranty, or warranty by Franchisor in entering into this Agreement other than those set forth in this Agreement (including its exhibits, addenda, and attachments). Franchisee and its Principals expressly waive any claim of negligent misrepresentation or omission. Each Party further represents to the other that it has independently reviewed and evaluated the business to be conducted by Franchisee under this Agreement, and the decision to enter into this Agreement was made solely in reliance upon such independent evaluation.
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 explicitly disclaims any promises, representations, guarantees, or warranties regarding the actual or potential sales or profits of a Bumper Business franchise. This means that Bumper Man does not assure franchisees of any specific level of financial success or profitability.
The agreement emphasizes that franchisees are not relying on any information, promises, representations, guarantees, or warranties from Bumper Man, except those explicitly outlined in the franchise agreement itself, including its exhibits, addenda, and attachments. Franchisees also waive any claims of negligent misrepresentation or omission, acknowledging that they have independently reviewed and evaluated the business opportunity. This is a standard clause in franchise agreements to protect the franchisor from liability if a franchisee's business underperforms.
Prospective Bumper Man franchisees should carefully consider this disclaimer and conduct their own thorough due diligence, including market research, financial analysis, and consultation with business advisors, to assess the potential profitability of a Bumper Business in their specific location. They should not rely solely on any projections or estimates provided by Bumper Man that are not explicitly stated within the franchise agreement. This independent evaluation is crucial for making an informed decision about investing in a Bumper Man franchise.