What is the Bumper Man franchisee's obligation regarding the confidentiality of the Manual?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
a Franchisor-approved advertising cooperative, Franchisee will be required to execute Franchisor's then-current standard advertising cooperative agreement. Franchisor may terminate any advertising cooperative pursuant to the terms of the applicable cooperative advertising agreement. Franchisor may require advertising cooperatives to be formed, changed, dissolved or merged.
9. OPERATIONAL STANDARDS.
(a) Manual. Franchisee will comply with the Standards as set forth in the Manual in the operation of the Bumper Business and as may from time to time otherwise be prescribed in writing. Franchisor has provided to Franchisee one copy of the Manual "on loan" for the Term. Franchisor may make the Manual and related Standards available to Franchisee via the Intranet or otherwise in electronic format (e.g. tablet, smartphone or other mobile device). Franchisor may periodically update and amend the Manual and will notify Franchisee in writing of any such updates or amendments, which will thereupon become a part of the Manual. Franchisee must comply with all written updates and amendments to the Manual. In the event of a dispute relating to the contents of the Manual, the master copy that Franchisor maintains at its principal office or on the Intranet, as designated by Franchisor, will prevail. If Franchisee's copy of the Manual is lost, destroyed or significantly damaged, Franchisee will obtain a replacement copy at the thenapplicable charge to reimburse the cost of a replacement Manua
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, the franchisee must treat the Manual as confidential information. The franchisee is required to maintain the information within the Manual as Confidential Information. Upon the expiration or termination of the Franchise Agreement, the franchisee must return all hard copies of the Manual to Bumper Man immediately.
The Bumper Man franchise agreement emphasizes the importance of maintaining the confidentiality of the Manual, which contains the operational standards and proprietary information necessary to run the business. This is a standard practice in franchising, as the Manual often contains trade secrets and other confidential information that gives the franchise a competitive advantage.
By requiring franchisees to keep the Manual confidential, Bumper Man aims to protect its intellectual property and maintain consistency across all franchise locations. This obligation extends beyond the term of the agreement, as franchisees must return all copies of the Manual upon termination or expiration. This ensures that former franchisees do not use Bumper Man's confidential information to compete with the brand or share it with others.