Is Bumper Man obligated to provide ongoing maintenance, repairs, upgrades, or updates to any computer hardware, software, or related equipment?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
You must: (a) use any proprietary software programs, system documentation manuals and other proprietary materials that we require in connection with the operation of the Bumper Business; and (b) purchase new or upgraded software programs, system documentation manuals and other proprietary materials at then-current prices whenever we adopt new or upgraded programs, manuals and materials system-wide. You must enter into all software license agreements, "terms of use" agreements and software maintenance agreements, in the form and manner prescribed by our approved vendors, and pay all fees imposed under the agreements, as set forth in the Manual. (Franchise Agreement – Section 7). Neither we nor any third party is obligated to provide ongoing maintenance repairs upgrades or updates to any computer hardware, software, or related equipment. Costs of any optional or mandatory upgrades or maintenance that you may incur is unpredictable and determined by independent third-party vendors and will vary according to the computer system you choose to use.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 22–27)
What This Means (2025 FDD)
According to the 2025 Bumper Man FDD, Bumper Man is not obligated to provide ongoing maintenance, repairs, upgrades, or updates to any computer hardware, software, or related equipment. However, franchisees must use Bumper Man's proprietary software programs and system documentation. Franchisees are also required to purchase new or upgraded software programs, system documentation manuals, and other proprietary materials whenever Bumper Man adopts new or upgraded versions system-wide.
As a Bumper Man franchisee, you are responsible for entering into all software license agreements and maintenance agreements prescribed by Bumper Man's approved vendors and paying all associated fees. The FDD states that the costs of any optional or mandatory upgrades or maintenance are unpredictable and determined by independent third-party vendors, varying according to the computer system the franchisee chooses to use.
Bumper Man loans franchisees an iPad Mini or tablet pre-loaded with Bumper Man software for inputting customer invoice and billing information. Franchisees are responsible for acquiring, installing, and maintaining anti-virus and anti-spyware software as required by Bumper Man, and must comply with data security and consumer privacy policies outlined in the Manual. This means that while Bumper Man provides the initial tablet, the franchisee bears the ongoing responsibility for securing and maintaining the software on it.