What does Bumper Man Franchisee waive when entering into the agreement?
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 franchisee and its principals expressly waive any claim of negligent misrepresentation or omission when entering into the franchise agreement. This means that the franchisee acknowledges they are not relying on any information, promise, representation, guarantee, or warranty by Bumper Man that is not explicitly stated in the franchise agreement itself, including its exhibits, addenda, and attachments.
This waiver is significant because it limits the franchisee's ability to bring a legal claim against Bumper Man based on statements or omissions made during the pre-sale process that are not documented in the franchise agreement. Franchisees are affirming that they have independently reviewed and evaluated the Bumper Man business opportunity and are making the decision to invest based solely on their own assessment.
Such waivers are relatively common in franchise agreements. Prospective Bumper Man franchisees should therefore conduct thorough due diligence, carefully review all documents, and seek professional advice to ensure they fully understand the terms of the agreement and the risks involved. Any representations or promises made by Bumper Man during the sales process should be confirmed in writing and included in the franchise agreement to avoid potential disputes later on.