Who is responsible for the acquisition, operation, maintenance, and upgrading of the Technology System for a Bumper Man franchise?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
(a) Technology System. Franchisee will, upon Franchisor's request, purchase, use, and maintain the Technology System prescribed by Franchisor for the Bumper Business. Franchisor may periodically modify Standards for the Technology System, and, if so, Franchisee will acquire, at its cost (if any), such modified Technology System and the computer hardware and software comprising part of the Technology System within 60 days from the date of Notice from Franchisor. Franchisor may, at its sole option, charge Franchisee for any computer usage costs that Franchisor incurs as a result of Franchisee's use of the Technology System, including but not limited to a systems fee for modifications of and enhancements made to Proprietary Software that Franchisor licenses to Franchisee and other maintenance and support services that Franchisor or its Affiliates furnish to Franchisee related to the Technology System. Franchisee will have sole and complete responsibility for the acquisition, operation, maintenance, and upgrading of the Technology System, provided Franchisor will loan the tablet equipped with the Manual and invoicing software system to Franchisee in accordance with the loan terms set forth in the Manual.
(b) Proprietary Software. If Franchisor designates Proprietary Software, Franchisee will, at Franchisor's written request, license or sublicense such software from Franchisor, its Affiliate or other designee and enter into a software (sub) license agreement on such licensor's then-current form. Franchisee will purchase any periodic upgrades, enhancements or replacements to the Proprietary Software at Franchisee's sole cost and expense. Franchisor will provide to Franchisee support services relating to the Proprietary Software as Franchisor deems advisable at a reasonable charge. Franchisee must incorporate any or all required modifications or additions within 30 days after receiving Notice from Franchisor, unless a longer time period is stated in such Notice.
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 primarily responsible for the Technology System. Specifically, the franchisee is responsible for the acquisition, operation, maintenance, and upgrading of the Technology System prescribed by Bumper Man for the Bumper Business. However, Bumper Man will loan the franchisee a tablet equipped with the manual and invoicing software system.
Bumper Man may periodically modify the standards for the Technology System, and the franchisee will be required to acquire the modified Technology System and any necessary computer hardware and software at their own cost within 60 days of notice from Bumper Man. Bumper Man retains the option to charge the franchisee for computer usage costs resulting from the franchisee's use of the Technology System, including fees for modifications, enhancements to proprietary software, and other maintenance and support services provided by Bumper Man or its affiliates.
If Bumper Man designates proprietary software, the franchisee will be required to license or sublicense such software from Bumper Man, its affiliate, or another designee and enter into a software (sub) license agreement. The franchisee is also responsible for purchasing any periodic upgrades, enhancements, or replacements to the proprietary software at their sole cost and expense. Bumper Man will provide support services relating to the proprietary software at a reasonable charge, and the franchisee must incorporate any required modifications or additions within 30 days of receiving notice from Bumper Man, unless a longer time period is specified in the notice.