If the Bumper Man Franchisor designates Proprietary Software, what is the franchisee required to do?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
(b) Proprietary Software. If Franchisor designates Proprietary Software, Franchisee will, at Franchisor's written request, license or sublicense such software from Franchisor, its Affiliate or other designee and enter into a software (sub) license agreement on such licensor's then-current form. Franchisee will purchase any periodic upgrades, enhancements or replacements to the Proprietary Software at Franchisee's sole cost and expense. Franchisor will provide to Franchisee support services relating to the Proprietary Software as Franchisor deems advisable at a reasonable charge. Franchisee must incorporate any or all required modifications or additions within 30 days after receiving Notice from Franchisor, unless a longer time period is stated in such Notice.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, if the Franchisor designates certain software as "Proprietary Software", the franchisee is required to take specific actions. Upon the Franchisor's written request, the franchisee must license or sublicense the software from Bumper Man, its affiliate, or another designated party. This arrangement will require the franchisee to enter into a software (sub) license agreement using the licensor's current form.
Furthermore, the Bumper Man franchisee is responsible for purchasing any periodic upgrades, enhancements, or replacements to the Proprietary Software, bearing the full cost and expense. Bumper Man will provide support services related to the Proprietary Software, charging a reasonable fee for these services as deemed advisable.
Finally, the franchisee must incorporate any required modifications or additions to the software within 30 days after receiving notice from Bumper Man, unless the notice specifies a longer timeframe. This ensures that all Bumper Man franchisees are using the most up-to-date and standardized software, maintaining consistency across the Bumper Man system.