Can the Bumper Man franchisor amend or revise the 'Manual' at their discretion?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
- (tt) "Manual" means Franchisor's operations and training manuals, and any other written directives related to the System, in whatever form and provided in whatever manner, as the same may be periodically amended and revised by Franchisor at its sole option, including the Standards, all bulletins, supplements and ancillary and additional manuals and directives established by Franchisor from time to time.
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 Manual (as of the Effective Date, $500). Franchisee will use the digital version of the Manual in its current form available to Franchisee on the Intranet as instructed. Franchisee will treat the Manual as confidential and maintain the information in the Manual as Confidential Information. Franchisee will return all hard copies of the Manual to Franchisor immediately on expiration or termination of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, the franchisor has the authority to periodically amend and revise the operations and training manuals, as well as any other written directives related to the Bumper Man system. These revisions are at the franchisor's sole discretion.
This means that Bumper Man franchisees must stay up-to-date with any changes the franchisor makes to the Manual, as they are required to comply with all written updates and amendments. The franchisor will notify franchisees in writing of these changes, which will then become part of the Manual. The master copy of the Manual maintained by Bumper Man, either at its principal office or on the Intranet, will prevail in case of any disputes regarding the Manual's contents.
The Manual includes the Standards, bulletins, supplements, and any additional manuals and directives established by Bumper Man. The Manual can be provided in any form and manner. This underscores the importance of franchisees regularly accessing and reviewing the most current version of the Manual to ensure compliance with Bumper Man's operational standards.
The FDD also specifies that the franchisee will use the digital version of the Manual available on the Intranet and treat the Manual as confidential information. If a franchisee's copy of the Manual is lost, destroyed, or significantly damaged, they can obtain a replacement copy at the then-applicable charge, which was $500 as of the effective date.