Are the preambles and exhibits considered part of the Bumper Man franchise agreement?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
EXHIBIT A TO FRANCHISE AGREEMENT
ORGANIZATIONAL AND OWNERSHIP INFORMATION
EXHIBIT C TO FDD FRANCHISE AGREEMENT
Bumper Man Franchise Agreement
SUMMARY PAGE
This page summarizes certain provisions of the Franchise Agreement to which it is attached. In the event of a conflict in the terms of the Summary Page and the Franchise Agreement, the terms of the Franchise Agreement will control.
(i) "Certified Technician Addendum" is the addendum to this Agreement in a form prescribed by Franchisor that sets forth the terms and conditions upon which Franchisee and its Certified Technician will operate the Bumper Business, as set forth in Exhibit F.
Each Principal will execute and deliver to Franchisor a Guaranty and Undertaking of Obligations in the form attached hereto as Exhibit B.
SCHEDULE D-1
MAP OF PREMISES
EXHIBIT E TO FRANCHISE AGREEMENT
INSURANCE REQUIREMENTS
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- The provisions of this Addendum for an integral part of and are incorporated into the Franchise Agreement. This Addendum is being executed because (a) the offer or sale of the franchise to Franchisee was made in the State of Maryland; (b) Franchisee is a resident of the State of Maryland; and/or (c) the Bumper Business will be operated in the State of Maryland.
FRANCHISE AGREEMENT
This Agreement is made as of the Effective Date between Franchisor and Franchisee.
RECITALS:
WHEREAS, Franchisor has expended significant effort, money and time to develop the System, all of which may be periodically changed or modified, at Franchisor's sole option, for establishing and operating a Bumper Man bumper repair service that offers mobile bumper repair services and utilizes the System and Marks.
WHEREAS, Franchisor developed and will continue to develop valuable goodwill in the Marks and may periodically develop or acquire other trademarks and service marks for use under the System, all of which may be substituted or modified at Franchisor's sole option.
WHEREAS, Franchisee desires to operate a Bumper Man bumper repair service (below defined as "Bumper Business") pursuant to the terms of this Agreement.
NOW, THEREFORE, in consideration of Franchisor granting to Franchisee the right to operate a Bumper Business subject to and in accordance with the terms hereof, the mutual obligations provided for in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. DEFINITIONS.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, several exhibits are explicitly referenced as part of the franchise agreement. Exhibit A pertains to organizational and ownership information, while Exhibit B is a Guaranty and Undertaking of Obligations. Exhibit C outlines the grounds for termination of the Franchise Agreement. Exhibit E details the insurance requirements for a single Bumper Business. Schedule D-1 is a map of premises. Exhibit F is the Certified Technician Addendum.
These exhibits are incorporated to provide additional details and requirements related to specific aspects of the franchise operation. Addenda to the franchise agreement, such as those for Rhode Island, Washington, and Minnesota, also form an integral part of the agreement. These addenda address state-specific legal requirements and modify certain sections of the standard franchise agreement to comply with local laws.
The franchise agreement itself includes recitals that outline the franchisor's investment in developing the Bumper Man system and the franchisee's desire to operate a Bumper Man business. These recitals serve as the foundation for the agreement, highlighting the mutual considerations and obligations of both parties. The agreement also defines various terms used throughout the document to ensure clarity and consistency in interpretation.