What is the Bumper Man Franchisor's obligation to maintain the Intranet?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) Intranet. Franchisor may, at its option, establish and maintain an Intranet through which Franchisor and Franchisee may communicate with each other. Franchisor will have control over all aspects of the Intranet, including the content and functionality thereof. At Franchisor's option, Franchisor may post, update and disseminate the Manual and other Confidential Information through the Intranet. Any passwords or other digital identifications necessary to access the Manual on the Intranet will be deemed to be part of Confidential Information. If established, Franchisee will have the mere privilege to use the Intranet, subject to Franchisee's strict compliance with the Standards. Franchisee acknowledges that, as administrator of the Intranet, Franchisor can access and view any communication that any Person posts on the Intranet. Franchisee further acknowledges that the Intranet facility and all communications that are posted or to be posted to it will become Franchisor's sole property, free of any claims of privacy or privilege that Franchisee or any other Person may assert. If established, Franchisor will have no obligation to maintain the Intranet indefinitely, and may modify or dismantle it at any time without liability to Franchisee.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, the franchisor has the option to establish and maintain an Intranet for communication between the franchisor and franchisees. However, Bumper Man is not obligated to maintain the Intranet indefinitely and can modify or dismantle it at any time without liability to the franchisee.
The franchisor retains control over all aspects of the Intranet, including its content and functionality. Bumper Man may use the Intranet to post, update, and disseminate the Manual and other confidential information. Franchisees are granted a privilege to use the Intranet, contingent upon strict compliance with the brand's standards.
As the administrator, Bumper Man can access and view any communication posted on the Intranet, which becomes the franchisor's sole property, free of any privacy claims. This means a franchisee must adhere to the standards and understand that the franchisor can monitor all communications on the Intranet. A prospective franchisee should consider the implications of the franchisor's ability to modify or terminate the Intranet at any time without liability, as this could impact communication and access to important documents like the Manual.