If Bumper Man establishes an Intranet, can Bumper Man access and view communications posted by any person?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
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, if Bumper Man establishes an Intranet, it will have the ability to access and view any communication posted by any person on the Intranet. Bumper Man retains control over all aspects of the Intranet, including its content and functionality.
This means that as a Bumper Man franchisee, any communications you or others post on the Intranet are not private and can be monitored by the franchisor. The Intranet facility and all communications posted on it become the sole property of Bumper Man, without any claims of privacy or privilege from the franchisee or any other person.
Bumper Man also has the right to modify or dismantle the Intranet at any time without any liability to the franchisee. This highlights the importance of understanding that the Intranet is a tool provided at the franchisor's discretion and control, and franchisees should be aware of the implications for their communications within the system.