What is the Bumper Man franchisee's responsibility regarding maintaining credit card relationships?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
owever, 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.
(c) Credit Card and Other Methods of Payment. Franchisor may, at its option, designate in writing credit and debit card issuers or sponsors check or credit verification services, financial center services, and electronic funds transfer systems, and upon any such designation by Franchisor, Franchisee must maintain credit card relationships with such credit and debit card issuers or sponsors check or credit verification services, financial center services, and/or electronic funds transfer systems in connection with the operation of the Bumper Business and refrain from using any services or providers that Franchisor has not approved in writing or for which Franchisor has revoked its approval. Franchisor may modify its requirements and designate additional approval or required methods of payment and vendors for
processing such payment. Franchisee must comply with the PCI DSS as they may be revised and modified by the Payment Card Industry Security Standards Council, or any successor or replacement organization and/or in accordance with other standards Franchisor may specify, and FACTA. Franchisee also must upgrade periodically its Technology System, at Franchisee's expense, to maintain compliance with PCI DSS, FACTA and all Applicable Law. Franchisee must notify Franchisor immediately if it is notified of a credit card breach (as such constitutes a Crisis Management Event) related to the Bumper Business and Franchisee's business related thereto and must cooperate with applicable authorities fully with respect to the investigation.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to the 2025 Bumper Man FDD, franchisees must maintain credit card relationships with issuers or sponsors designated by Bumper Man. Bumper Man has the option to designate these credit and debit card issuers, check or credit verification services, financial center services, and electronic funds transfer systems in writing. Franchisees must use only those services or providers approved by Bumper Man and refrain from using any services for which Bumper Man has revoked approval. Bumper Man can also modify its requirements and designate additional approved or required methods of payment and vendors.
Furthermore, Bumper Man franchisees must comply with the PCI DSS (Payment Card Industry Data Security Standards) as revised by the Payment Card Industry Security Standards Council, or any successor organization, as well as FACTA (Fair and Accurate Credit Transactions Act). Franchisees are also obligated to upgrade their Technology System periodically, at their own expense, to maintain compliance with PCI DSS, FACTA, and all other applicable laws.
In the event of a credit card breach related to the Bumper Business, the franchisee must immediately notify Bumper Man and cooperate fully with applicable authorities in the investigation. Franchisees must also cooperate with Bumper Man regarding any media statements or other items related to managing the crisis to protect the Bumper Man brand and system. This includes maintaining trade accounts with suppliers.