Does Bumper Man have an obligation to establish and maintain an Intranet?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) Intranet. Franchisor may, at its option, establish and maintain an Intranet through which Franchisor and Franchisee may communicate with each other. Franchisor will have control over all aspects of the Intranet, including the content and functionality thereof. At Franchisor's option, Franchisor may post, update and disseminate the Manual and other Confidential Information through the Intranet. Any passwords or other digital identifications necessary to access the Manual on the Intranet will be deemed to be part of Confidential Information. If established, Franchisee will have the mere privilege to use the Intranet, subject to Franchisee's strict compliance with the Standards. Franchisee acknowledges that, as administrator of the Intranet, Franchisor can access and view any communication that any Person posts on the Intranet. Franchisee further acknowledges that the Intranet facility and all communications that are posted or to be posted to it will become Franchisor's sole property, free of any claims of privacy or privilege that Franchisee or any other Person may assert. If established, Franchisor will have no obligation to maintain the Intranet indefinitely, and may modify or dismantle it at any time without liability to Franchisee.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, Bumper Man has the option, but not the obligation, to establish and maintain an Intranet. If Bumper Man chooses to establish an Intranet, it will have control over all aspects, including content and functionality. The Intranet may be used to post, update, and disseminate the Manual and other confidential information. Franchisees will have the privilege to use the Intranet if it is established, but must strictly comply with Bumper Man's standards.
Bumper Man, as the administrator, can access and view any communication posted on the Intranet, and all communications become Bumper Man's sole property. Bumper Man has no obligation to maintain the Intranet indefinitely and may modify or dismantle it at any time without liability to the franchisee. This means that while an Intranet could be a valuable communication and resource tool, franchisees cannot rely on its continuous availability or specific content.
For a prospective franchisee, this implies that Bumper Man may or may not provide an Intranet. If one is provided, its content and availability are subject to change at Bumper Man's discretion. Franchisees should be prepared to operate effectively whether or not an Intranet is available and should inquire about alternative methods of communication and access to important documents like the Manual in case the Intranet is not established or is discontinued.