What is the Bumper Man Franchisee required to do in response to a Crisis Management Event?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
30 days and if suspension of performance continues, Franchisor may terminate this Agreement immediately by giving written Notice to Franchisee or exercise any of the remedies described in Section 18 or otherwise available at law or in equity. In no event will Franchisee's inability to pay amounts due under this Agreement constitute a Force Majeure Event and no Force Majeure Event will operate to excuse Franchisee from the prompt payment of Continuing Service Fees, or any other fee or payment due to Franchisor pursuant to this Agreement.
(b) Crisis Management Events. Franchisee must notify Franchisor within 24 hours of the occurrence of any Crisis Management Event by the method periodically specified in the Manual or otherwise in writing, comply with Franchisor's instructions and fully cooperate with Franchisor's instructions in response to the Crisis Management Event. Failure to notify Franchisor within the required time period is a material breach of this Agreement.
24. GOVERNING LAW; DISPUTE RESOLUTION.
(a) Non-Binding Mediation.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, a franchisee must notify Bumper Man within 24 hours of any Crisis Management Event. This notification must be made using the method specified in the Manual or in writing. The franchisee must also comply with and fully cooperate with Bumper Man's instructions regarding the Crisis Management Event. Failure to notify Bumper Man within the required timeframe constitutes a material breach of the Franchise Agreement.
A "Crisis Management Event" is defined in the FDD as an event that Bumper Man determines may materially affect the Marks and goodwill associated with them. This definition gives Bumper Man broad discretion to classify events as crises, meaning franchisees must be vigilant in reporting any situation that could potentially harm the brand's reputation.
In addition to the general requirements for crisis management, the FDD specifies that a credit card breach related to the Bumper Business is considered a Crisis Management Event. In the event of such a breach, the franchisee must immediately notify Bumper Man and cooperate fully with applicable authorities in the investigation. The franchisee must also cooperate with Bumper Man regarding any media statements or other actions taken to manage the crisis and protect the Marks and System. This highlights the importance of data security and the potential reputational and legal risks associated with data breaches in the franchise system.