Does Bumper Man reserve the right to advertise and promote the Bumper Man system within the Designated Area?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
We will not, except as provided below, and as long as you are in full compliance with the Franchise Agreement, establish and operate or license or authorize any other party to establish or operate a Bumper Business within the Designated Area for the term of the Franchise Agreement. Except as expressly limited by the previous sentence, we and our affiliates retain all rights with respect to Bumper Businesses, the Marks, the sale of similar or dissimilar products and services and any other activities we deem appropriate whenever and wherever we desire. Specifically, we and our affiliates reserve the following rights:
- (1) Advertise and promote the Bumper Man system within and outside the Designated Area;
- (2) Operate, and license others to operate, a Bumper Business at any location outside the Designated Area, including locations that are adjacent to the Designated Area;
- (3) Establish and operate, and license others to establish and operate, any business other than a Bumper Man business, including other automotive repair businesses, under the Marks or under other marks; and
- (4) Establish and operate and license others to establish and operate any auto repair businesses or other businesses that Franchisor or its Affiliates may operate as a result of any acquisition, consolidation, or merger.
Source: Item 12 — TERRITORY (FDD pages 27–29)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, Bumper Man retains the right to advertise and promote its system within and outside a franchisee's designated area. This means that while franchisees are granted a designated area to operate in, Bumper Man can still conduct advertising and promotional activities in that same area.
This reservation of rights has several implications for prospective franchisees. While a franchisee will be the only authorized Bumper Man operator in their designated area, they may face competition from Bumper Man's own marketing efforts. This could potentially lead to confusion among customers or create a situation where customers bypass the franchisee and go directly to Bumper Man for services.
It is important to note that this is a fairly common practice in franchising. Franchisors often retain the right to conduct national or regional advertising campaigns to promote the brand as a whole. However, prospective franchisees should carefully consider the potential impact of Bumper Man's advertising activities on their local business and discuss any concerns with the franchisor before signing the Franchise Agreement. Understanding the extent and nature of Bumper Man's advertising plans can help a franchisee better prepare for potential competition and develop effective local marketing strategies.