Regarding training for a Bumper Man franchise, must the franchisee comply with the Franchisor's qualification and training requirements?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
ment of initial Customer accounts for the Bumper Business. Franchisor's personnel and designated representatives will in no way be responsible for the operation of the Bumper Business at any time, including such times as Franchisor's personnel provides the assistance before or after the Bumper Business commences operations as set forth in this Section 5(b).
- (c) Additional Training. Franchisee or its Operating Principal (if Franchisee is an Entity), at Franchisor's request, must attend such additional training programs and seminars as Franchisor may offer from time to time, if Franchisor requires such attendance. Franchisee must pay Franchisor's then-current training fee for any additional training designated by Franchisor or requested by Franchisee. Franchisee will be solely responsible for any and all costs and expenses incurred by Franchisee in connection with such additional training, including, without limitation, compensation, travel, lodging and miscellaneous costs.
- (d) Meetings and Conferences. Franchisor may from time to time hold periodic system-wide meetings at locations designated by Franchisor to address matters of general interest to the System, including, without limitation, Franchisor's annual franchisee conference. Provided that Franchisee has not committed an Event of Default and failed to cure such Event of Default, Franchisee's Operating Principal may attend any such meetings and conferences offered by Franchisor. Unless otherwise provided by Franchisor at its option, Franchisee will be solely responsible for all costs and expenses incurred by Franchisee and its Operating Principal in connection with attending such meetings and conferences, including, without limitation, costs of obtaining any required certifications, compensation, travel, lodging, meals and miscellaneous expenses.
- (e) On-Site Remedial Assistance. Upon the reasonable request of Franchisee or as
Franchisor deems appropriate, Franchisor will, during the Term, subject to the availability of personnel, provide Franchisee with additional trained representatives who will provide on-site remedial training to Franchisee.
6. BUMPER MAN BUSINESS OPERATIONS.
- (a) Standards. Franchisee understands the importance of maintaining uniformity among all of the Bumper Businesses and the importance of complying with the Standards relating to the operation of the Bumper Business. Franchisee may not engage in any cobranding in or with the Bumper Business or operate any other business during the Term (provided nothing contained in this Section 6(a) will prohibit Franchisee's Operating Principal (if Franchisee is an Entity) from engaging in another business that is not a Competitive Business during hours in which Customers within the Designated Area are not open for business for the purposes of supplemental income). Notwithstanding the foregoing, Franchisor may allow for a deviation from the Standards at its sole option.
- (b) Maintenance. Franchisee must at all times maintain the appearance, mechanics, sign, equipment and overall condition of the approved Bumper Business vehicle, both inside and outside in excellent repair and a clean condition and comply with the Standards. Franchisee is solely responsible for maintenance, repair and replacement where necessary to maintain normal operating conditions and for any liabilities arising therefrom in accordance with this Agreement.
- (c) Improvements. Franchisor may from time to time require Franchisee to engage in upgrading, renovation, repairs and maintenance of the Bumper Business vehicle and tools in accordance with Franchisor's then-current Standards. Franchisor reserves the right to require upgrading at more frequent intervals on reasonable notice, if Franchisor decides in its discretion, that it should be appropriate, whether system wide or for an individual franchise due to marketing requirements, deterioration, appearance or operations. Franchisee must complete to Franchisor's satisfaction any changes Franchisor
requires within a reasonable time, not to exceed three months from the date Franchisee is notified of any required changes, unless otherwise agreed to in writing by Franchisor. Franchisee acknowledges and agrees that the requirements of this Section 6(c) are both reasonable and necessary to ensure continued public acceptance and patronage of the Bumper Man businesses and to avoid deterioration or obsolescence in connection with the operation of the Bumper Business. If Franchisee fails to make any improvement as required by this Section 6(c) or perform maintenance as described in Section 6(b), Franchisor may, in addition to its other rights in this Agreement, effect such improvement or maintenance and Franchisee must reimburse Franchisor for the costs Franchisor incurs.
- (d) Designated Supplier. Franchisee must purchase Operating Assets, Products and Proprietary Products from Franchisor's designated and approved suppliers as set forth in the Manual. Franchisor or any of its Affiliates may be designated as the sole supplier for any Operating Assets, Products or Proprietary Products. In addition, Franchisor or its Affiliates may receive payments or other consideration from suppliers who provide Operating Assets or Products to franchisees operating under the System which Franchisor or its Affiliates may use in any manner Franchisor determines appropriate.
- (e) Operating Assets. Franchisee will use in the operation of the Bumper Business the Operating Assets (including the tablet equipped with Franchisor's Manual and invoicing software) loaned to Franchisee, in accordance with the Standards and loan terms set forth in the Manual. Franchisor makes no warranties, express or implied, with respect to the Products, Proprietary Products or Operating Assets provided by any supplier, including by or as a result of any statements made by Franchisor's employees or agents, or statements contained in the Manual, printed materials or general advertising materials. Except for any express limited warranty made by Franchisor or its Affiliates with respect to any Product, Proprietary Products or Operating Assets sold by Franchisor or its Affiliate, Franchisor or its Affiliate, as applicable, makes no warranty of merchantability or of the fitness of any Products or
Operating Assets for any particular purpose.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, franchisees must adhere to the standards set forth in the Bumper Man manual and any additional written directives from the company. The manual is provided to the franchisee "on loan" for the duration of the franchise term and may be updated periodically, with franchisees being notified of these changes in writing. Franchisees are obligated to comply with all written updates and amendments to the manual. A replacement copy of the manual costs $500 as of the effective date. Franchisees must also keep the manual confidential.
Bumper Man may request that franchisees or their Operating Principal attend additional training programs and seminars. If attendance is mandatory, the franchisee is responsible for paying the then-current training fee and covering all associated costs, including compensation, travel, lodging, and miscellaneous expenses. Bumper Man may also hold system-wide meetings and conferences, which the franchisee's Operating Principal may attend if they are not in default of the Franchise Agreement. Again, the franchisee is responsible for all costs associated with attending these events, unless otherwise provided by Bumper Man.
Bumper Man also provides on-site remedial assistance to franchisees, subject to the availability of personnel, either at the franchisee's request or as deemed necessary by Bumper Man. This assistance is provided by additional trained representatives. Furthermore, franchisees are expected to maintain the appearance and condition of their Bumper Business vehicle and comply with Bumper Man's standards, including upgrades, renovations, repairs, and maintenance as required by Bumper Man. These requirements are considered reasonable and necessary to ensure continued public acceptance of the Bumper Man business.