What is the legal effect of the 'Assignment of Telephone Number(s)' on the Bumper Man franchisee's ownership of the telephone numbers?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
- (d) Disassociation in Communication Methods. Franchisee will, at Franchisor's option, assign to Franchisor (or its designee) or cancel any electronic mail address, domain name, search engine, website, or Social Media account that associates Franchisee with Franchisor, the Bumper Business, System, or Marks. Franchisee will notify the telephone company and all telephone directory publishers of the expiration or termination of Franchisee's right to use any telephone, telecopy, or other numbers and any telephone directory listings associated with any Mark, authorize the transfer of such numbers and directory listings to Franchisor in accordance with Exhibit G, or, at Franchisor's direction, instruct the telephone company to forward all calls made to Franchisee's telephone numbers to numbers Franchisor specifies.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, upon termination or expiration of the franchise agreement, the franchisee is required to transfer control of telephone numbers associated with the Bumper Man business to the franchisor. Specifically, the franchisee must notify the telephone company and directory publishers about the termination of their right to use any phone numbers or listings associated with the Bumper Man brand. They must also authorize the transfer of these numbers and listings to Bumper Man. Alternatively, at Bumper Man's direction, the franchisee must instruct the phone company to forward all calls to numbers specified by Bumper Man.
This means that a franchisee does not retain ownership or control of any phone numbers used for the Bumper Man business after the franchise agreement ends. The franchisee loses the right to use those numbers, and Bumper Man gains the right to use them for its own purposes, such as forwarding calls to another franchisee or a company-owned operation. This transfer is designed to ensure a smooth transition and prevent customer confusion after a franchise terminates.
This requirement is fairly standard in franchising. It protects the brand's continuity and prevents a former franchisee from potentially diverting customers or misrepresenting their ongoing affiliation with the Bumper Man brand. A prospective franchisee should consider the implications of losing control over these communication channels at the end of their franchise term and factor that into their business planning.