Does the Bumper Man franchise agreement supersede prior agreements?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire, or acknowledgement signed or agreed to by Franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by Franchisor, any franchise seller, or any other person acting on Franchisor's behalf. This provision supersedes any other term of any document executed in connection with the franchise.
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 generally takes precedence over prior agreements, but with specific exceptions to protect the franchisee. Specifically, no prior statement, questionnaire, or acknowledgement can waive a franchisee's rights under state franchise laws, including claims of fraud. This ensures that franchisees cannot inadvertently relinquish legal protections when starting their Bumper Man business.
This clause is designed to protect franchisees from unknowingly waiving their rights or disclaiming reliance on statements made by Bumper Man during the franchise sales process. This type of provision is not uncommon in franchise agreements, as franchise laws often aim to balance the power dynamic between franchisors and franchisees. It ensures that franchisees retain their legal recourse even if they have signed documents that might suggest otherwise.
Furthermore, the addenda to the franchise agreement also address the relationship between the original agreement and the addenda. For example, the Maryland and Illinois addenda state that the franchise agreement will be construed and enforced in accordance with its terms, except as amended by the addendum. This clarifies that the original agreement remains in effect unless specifically modified by the addendum. Similarly, the Rhode Island addendum states that its provisions apply notwithstanding anything to the contrary in the franchise agreement.
In summary, while the Bumper Man franchise agreement is generally the governing document, certain prior agreements or statements made by the franchisee cannot waive their rights under applicable state franchise laws. Addenda to the franchise agreement also take precedence over conflicting terms in the original agreement.