Regarding systems access for Bumper Man, for whose actions is the franchisee responsible?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
(d) Interference with Employees. Franchisee acknowledges that the model for the operation of a Bumper Business is one of single owner-operator, with the Franchisee or its Operating Principal (if Franchisee is an Entity) satisfying all payment and performance obligations under this Agreement directly and without the support of Personnel. However, in limited circumstances, Franchisor may, at its option, approve in writing Franchisee's use of Personnel in the operation of its Bumper Business. In such case, Franchisee acknowledges that it is an independent business and responsible for the control and management of the day-to-day operations of the Bumper Business and its Personnel, including but not limited to the hiring and discharging of Franchisee's Personnel and setting and paying wages and benefits of Franchisee's Personnel. Franchisee acknowledges that Franchisor has no power, responsibility or liability in any respect to the hiring, discharging, setting and paying of wages or related matters, as the sole power, responsibility
and liability for such matters rest exclusively with Franchisee. Franchisee further acknowledges that none of its Personnel will be deemed to be an employee of Franchisor or its Affiliates for any purpose whatsoever, and no act by Franchisor to protect the Brand including but not limited to the System or Marks shifts any Personnel or employment-related responsibility from Franchisee to Franchisor.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, the franchisee is responsible for the actions of their personnel if the franchisor approves the franchisee's use of personnel in their Bumper Man business. Bumper Man operates under a single owner-operator model, where the franchisee typically handles all obligations without additional staff. However, Bumper Man may approve the use of personnel in limited circumstances.
If personnel are approved, the franchisee is considered an independent business and is responsible for managing the day-to-day operations, including hiring, firing, and setting wages and benefits for their personnel. Bumper Man has no responsibility or liability for these employment-related matters, as these responsibilities rest solely with the franchisee.
Furthermore, the FDD states that the franchisee's personnel are not considered employees of Bumper Man or its affiliates for any purpose. Actions taken by Bumper Man to protect the brand, including the System or Marks, do not shift any employment-related responsibility from the franchisee to Bumper Man.