Who is responsible for the costs and expenses incurred in complying with the de-identification obligations after the termination of a Bumper Man franchise agreement?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee will promptly make such alterations as Franchisor specifies in the Manual or otherwise to distinguish the Bumper Business clearly from its former appearance and from other Bumper Man businesses so as to prevent confusion therewith to the public (e.g. remove Bumper Man vehicle wrap). Within 30 days from the effective date of expiration or termination of this Agreement, Franchisee will deliver to Franchisor all Brand Property (including without limitation the tablet used in connection with the operation of the Bumper Business and Bumper Man tools) and all other signs, vehicle wraps, advertising and promotion materials, forms and other materials containing any Mark or otherwise identifying or relating to a Bumper Business and allow Franchisor, without liability to Franchisee or third parties, to remove all such items from the Bumper Business. Franchisee will be responsible for all costs and expenses it incurs in complying with this Section 19(e) and furnish to Franchisor, within 30 days from the effective date of expiration or termination of this Agreement, with evidence satisfactory to Franchisor of its compliance with the foregoing obligations.
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 all costs and expenses incurred to comply with de-identification obligations after the termination or expiration of the franchise agreement. This includes making alterations to distinguish the Bumper Business from its former appearance and other Bumper Man businesses to prevent public confusion. For example, the franchisee must remove the Bumper Man vehicle wrap.
Within 30 days of the agreement's termination, the franchisee must deliver all Brand Property to Bumper Man, including the tablet used for operations and Bumper Man tools. The franchisee must also remove all signs, vehicle wraps, advertising, and promotional materials containing any Mark related to the Bumper Business. Bumper Man has the right to remove these items without liability to the franchisee or third parties.
The franchisee must provide Bumper Man with evidence of compliance with these obligations within 30 days of the termination date. This ensures that the franchisee has taken all necessary steps to disassociate from the Bumper Man brand, protecting the brand's integrity and preventing consumer confusion. Failing to comply with these de-identification obligations could result in legal and financial repercussions for the former franchisee.