If a Bumper Man franchisee uses a Certified Technician, what must the franchisee ensure?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
(c) Designated Services Provided by Certified Technicians. If Franchisee uses any Certified Technician(s) to perform any part of its obligations under this Agreement: (i) Franchisee will ensure that the Certified Technician fully complies with the terms and conditions of this Agreement applicable to such obligations of Franchisee, including without limitation Franchisee's obligations with respect to compliance with the Standards in performance of the Designated Services and operation of the Bumper Business, compliance with Applicable Law, and use of Confidential Information and Intellectual Property, which will have the same force and effect against the Certified Technician as against Franchisee, whether or not specifically stated herein; (ii) Franchisee and its Certified Technician will be jointly and severally liable for all Losses and Expenses incurred by any Customer in connection with the Certified Technician's performance of Designated Services or offer and sale or Products to such Customer and for the negligence or willful misconduct of any such Certified Technician, and for any Losses and Expenses under this Agreement to the same extent as if Franchisee had conducted the work. No delegation to a Certified Technician by Franchisee of any of its obligations under this Agreement will relieve Franchisee of such obligations and Franchisee will remain liable for all of Franchisee's obligations under this Agreement. Franchisee will be fully responsible and liable for the acts, deficiencies and performance of its Certified Technician to the same extent that Franchisee is responsible for the acts, omissions and performance of its Operating Principal and Personnel. If Franchisor consents to Franchisee's use of a Certified Technician, such consent will be limited to the specific instance(s) and use(s) identified in the Certified Technician Addendum and will not extend to any other instances or uses.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, if a franchisee uses a Certified Technician to fulfill their obligations, the franchisee must ensure the technician complies with all applicable terms and conditions of the franchise agreement. This includes adhering to Bumper Man's standards for performing designated services, operating the Bumper Business, complying with all applicable laws, and properly using confidential information and intellectual property. The obligations apply to the Certified Technician as if they were the franchisee.
Furthermore, the Bumper Man franchisee and the Certified Technician are jointly and severally liable for any losses and expenses incurred by customers due to the technician's performance of designated services, the offer and sale of products, or any negligence or willful misconduct. The franchisee is also responsible for any losses and expenses under the franchise agreement, as if the franchisee had performed the work themselves. The franchisee remains fully responsible and liable for the actions, deficiencies, and performance of their Certified Technician, similar to how they are responsible for their Operating Principal and Personnel.
Bumper Man's consent to use a Certified Technician is limited to the specific instances and uses outlined in the Certified Technician Addendum. This consent does not extend to any other situations or uses. This means a franchisee cannot assume blanket approval for a technician's services; each instance must be explicitly approved.
This arrangement protects Bumper Man by ensuring consistent service quality and adherence to brand standards, even when work is delegated. It also places a significant responsibility on the franchisee to carefully select, train, and supervise any Certified Technicians they employ, as the franchisee ultimately bears the liability for the technician's actions.