What is the minimum consecutive day period of incapacity required to be considered 'Permanently Disabled' for a Bumper Man franchise?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
- (ccc) "Permanently Disabled" means being subject to any physical, emotional or mental injury, illness or incapacity that prevents Franchisee or any Principal holding a Controlling Interest in Franchisee from performing his or her obligations under this Agreement or any other agreement related hereto for at least 90 consecutive days, and from which recovery is unlikely within 90 days from the date such individual is determined to be Permanently Disabled. If the Parties hereto disagree as to whether a Person is "Permanently Disabled," the determination will be made by a licensed practicing physician, selected by Franchisor, upon examination of the Person, or, if the Person refuses to submit to an examination, then for purposes of Section 16(f), the Person will automatically be considered Permanently Disabled as of the date of refusal.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, a franchisee or principal holding a controlling interest is considered 'Permanently Disabled' if they are subject to a physical, emotional, or mental injury, illness, or incapacity. This incapacity must prevent them from fulfilling their obligations under the Franchise Agreement or related agreements for at least 90 consecutive days.
Furthermore, the FDD states that recovery from this condition must be unlikely within 90 days from the date the individual is determined to be Permanently Disabled. This definition is important because it triggers certain provisions within the franchise agreement, potentially affecting the operation and ownership of the Bumper Man franchise.
If there is a disagreement between Bumper Man and the franchisee regarding whether someone is Permanently Disabled, a licensed practicing physician selected by Bumper Man will make the determination after examining the person in question. Refusal to submit to an examination results in automatic classification as Permanently Disabled for the purposes of Section 16(f) of the agreement. This clause ensures a process for determining disability while also protecting Bumper Man's interests in cases where a franchisee might avoid medical assessment.