What rights does the Principal waive regarding actions against the Certified Technician for Bumper Man?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
nt, including without limitation the representations, warranties and covenants described in the following sections of the Agreement: Section 10 (Representations, Warranties and Covenants), Section 16 (Transferability of Interest), Section 17 (Restrictive Covenants) and Section 20 (Indemnification).
Principal hereby unconditionally agrees to be personally bound by, and personally liable for, the breach of each and every provision in the Agreement, both monetary obligations and obligations to take or refrain from taking specific actions, or to engage or refrain from engaging in specific activities.
Principal consents and agrees that it will render any payment or performance required under the Agreement upon demand if Franchisee fails or refuses punctually to do so.
Principal consents and agrees that its liability under this Guaranty will not be contingent or conditioned upon Franchisor pursuing any remedies against Franchisee or any other Person. Principal waives any right it may have to require that Franchisor bring an action against Franchisee or any other Person as a condition of its liability.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, the Principal consents and agrees to render any payment or performance required under the Agreement if the Certified Technician fails or refuses to do so punctually. This means the Principal is guaranteeing the Certified Technician's obligations. The Principal's liability is not contingent upon Bumper Man pursuing remedies against the Certified Technician first. This creates a direct obligation for the Principal to fulfill the Technician's duties if they default.
The Principal waives any right to require Bumper Man to bring an action against the Certified Technician or any other person as a condition of their liability. They also waive protest and notice of default, demand for payment or nonperformance of any obligations guaranteed, and any and all other notices and legal or equitable defenses they may be entitled to as a guarantor. This signifies that the Principal cannot claim ignorance of the Technician's default or demand that Bumper Man first exhaust all options against the Technician before seeking recourse from the Principal.
Furthermore, the Principal waives all rights to payments and claims for reimbursement or subrogation against the Certified Technician arising from their performance under the Guaranty. This means the Principal cannot seek compensation from the Certified Technician for any payments made to Bumper Man on the Technician's behalf. The agreement is governed by Texas law, without regard to its conflicts of law rules. This ensures that all disputes will be resolved under Texas legal standards, providing a predictable legal framework.