Who is responsible for the cost of periodic upgrades, enhancements, or replacements to the Proprietary Software for a Bumper Man franchise?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
(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 Bumper Man's 2025 Franchise Disclosure Document, the franchisee is responsible for the costs associated with the Proprietary Software. Specifically, the franchisee must purchase 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 as it deems advisable, and it will be at a reasonable charge.
This means that as a Bumper Man franchisee, you will need to budget for ongoing software costs in addition to the initial franchise fee and other startup expenses. These costs could arise from necessary upgrades to keep the software functioning properly, enhancements that add new features, or complete replacements if the existing software becomes obsolete. The franchisor retains the discretion to determine what support services are needed and can charge for those services.
It is important to note that the franchisee must incorporate any required modifications or additions to the software within 30 days after receiving notice from Bumper Man, unless a longer time period is specified in the notice. This highlights the importance of maintaining up-to-date technology to remain compliant with Bumper Man's standards and operational requirements. Prospective franchisees should inquire about the typical frequency and cost of these upgrades to better understand the financial implications.