What is the Bumper Man franchisee required to do if they receive a notice of violation?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee must notify Franchisor in writing immediately upon the commencement of any legal action, suit, or proceeding, any administrative action, or the issuance of an order of any court, agency, or other governmental instrumentality, which may adversely affect the operation of the Bumper Business or Franchisee's financial condition; or the delivery of any notice of violation or alleged violation including arrest of Franchisee (if Franchisee is an individual) or Franchisee's Operating Principal (if Franchisee is an Entity) of any Applicable Law, including those relating to health or safety. Franchisee will refrain from any business or advertising practice which may be injurious to Franchisor's business, to the business of other Bumper Man businesses, or to the goodwill associated with the Marks, provided, however, that nothing in this Section 9(b) or elsewhere in this Agreement restricts or is intended to restrict Franchisee's communications with any state or federal law regulator or enforcement authority about potential violations of law. Franchisee will be solely responsible for procuring and continuously maintaining thereafter all approvals, permits, and/or licenses required for the operation of the Business.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, a franchisee must notify Bumper Man in writing immediately if they receive a notice of violation or alleged violation of any applicable law, including those relating to health or safety. This requirement extends to situations including the arrest of the franchisee (if the franchisee is an individual) or the franchisee's Operating Principal (if the franchisee is an entity).
This notification requirement ensures that Bumper Man is promptly informed of any legal or regulatory issues that could impact the franchisee's operations, financial condition, or the brand's reputation. By mandating immediate written notice, Bumper Man aims to stay ahead of potential problems and provide support or guidance to the franchisee in addressing the violation.
Furthermore, the franchisee is responsible for securing and maintaining all necessary approvals, permits, and licenses required to operate the Bumper Business. The franchisee must also operate the business in full compliance with all applicable laws. This includes refraining from any business or advertising practice that may harm Bumper Man's business, other Bumper Man businesses, or the goodwill associated with the brand's trademarks. However, the agreement does not restrict the franchisee's communications with state or federal regulators regarding potential legal violations.
In summary, the immediate written notification requirement, coupled with the franchisee's responsibility for legal compliance and obtaining necessary permits, underscores the importance Bumper Man places on maintaining a legally sound and reputable franchise system. This protects both the individual franchisee and the overall brand.