Are there any exceptions to the arbitration requirement in the Bumper Man franchise agreement?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
ion of the following sentence: "Notwithstanding anything contained in this Section to the contrary, Franchisor may seek temporary, injunctive of other special or extraordinary relief; however, Franchisee cannot consent to Franchisor's obtaining of such relief. A court will determine whether a bond or security must be posted. See Minnesota Rules 2860.4400(J)."
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- Section 24(e) of the Franchise Agreement will be supplemented by the addition of the following sentence: "Franchisee must bring any action arising under the Minnesota Franchise Investment Law within three years after the cause of action accrues."
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- Section 24(i) of the Franchise Agreement is hereby deleted in its entirety.
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- Minn. Stat. §80C.21 and Minnesota Rule 2860.4400(J) prohibit Franchisor from requiring litigation to be conducted outside of Minnesota, requiring waiver of a jury trial or requiring Franchisee to consent to liquidated damages, termination penalties or judgment notes. In addition, nothing in the Franchise Disclosure Document or Franchise Agreement can abrogate or reduce any of Franchisee's rights as provided for under the Minnesota Franchise Investment Law or Franchisee's rights to any procedure, forum or remedies provided for by the laws of the State of Minnesota.
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- Except as amended in this Addendum, the Franchise Agreement will be construed and enforced in accordance with its terms.
[ Bumper Man, Inc. ] Each of the undersigned hereby acknowledges having read and understood this Addendum and consents to
be bound by all of its terms.
ADDENDUM TO THE FRANCHISE AGREEMENT FOR USE IN NEW YORK
This Addendum to the Franchise Agreement between Bumper Man, Inc. ("Franchisor") and
| ("Franchisee") is dated |
|---|
| 1. |
| BACKGROUND. We and you are parties to that certain Franchise Agreement dated |
| , 20 (the "Franchise Agreement"). This Addendum is annexed to and |
| forms part of the Franchise Agreement. This Addendum is being signed because (a) you are a resident of |
| the State of New York and the Bumper Man Business you will operate under the Franchise Agreement will |
| be located in New York, or (b) any of the franchise offer or sales activity occurred in New York. |
- RELEASES. The following language is added to the end of Sections 3(b) and 16(d) of the Franchise Agreement:
Notwithstanding the foregoing, all rights you enjoy and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of the proviso that the non-waiver provisions of GBL 687 and 687.5 be satisfied.
- TRANSFER BY US. The following language is added to the end of Section 16(a) of the Franchise Agreement:
However, to the extent required by applicable law, no transfer will be made except to an assignee who, in our good faith judgment, is willing and able to assume our obligations under this Agreement.
- TERMINATION BY YOU. The following language is added to the end of Section 18 of the Franchise Agreement:
You also may terminate this Agreement on any grounds available by law under the provisions of Article 33 of the General Business Law of the State of New York.
- GOVERNING LAW/CONSENT TO JURISDICTION. The following language is added at the end of Sections 24(b) and 24(d) of the Franchise Agreement:
However, to the extent required by Article 33 of the General Business Law of the State of New York, this Section shall not be considered a waiver of any right conferred upon you by the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder.
- LIMITATION OF CLAIMS. The following sentence is added to the end of Section 24(e) of the Franchise Agreement:
To the extent required by Article 33 of the General Business Law of the State of New York, all rights and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this provision that the non-waiver provisions of GBL Sections 687.4 and 687.5 be satisfied.
| FRANCHISOR: |
|---|
| Bumper Man, Inc. |
| By: |
| Printed Name: |
Title: Title:
Each of the undersigned hereby acknowledges having read and understood this Addendum and consents to
be bound by all of its terms.
ADDENDUM TO THE FRANCHISE AGREEMENT PURSUANT TO THE NORTH DAKOTA FRANCHISE INVESTMENT LAW
| This Addendum to the Franchise Agreement between Bumper Man, Inc. ("Franchisor") and | |
|---|---|
| ("Franchisee") is dated Capitalized terms not | |
| defined in this Addendum have the meanings given in the Franchise Agreement. Notwithstanding anything | |
| which may be contained in the Franchise Agreement to the contrary, the Franchise Agreement is amended | |
| to include the following: |
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- The provisions of this Addendum for an integral part of and are incorporated into the Franchise Agreement.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, there are specific addenda to the franchise agreement that address exceptions to certain requirements based on the franchisee's location. For franchisees in Minnesota, the franchise agreement cannot mandate litigation outside of Minnesota, require a waiver of a jury trial, or require consent to liquidated damages, termination penalties, or judgment notes. Furthermore, the agreement cannot reduce any of the franchisee's rights under the Minnesota Franchise Investment Law or their rights to procedures, forums, or remedies provided by Minnesota law.
For franchisees in Rhode Island, any provision in the franchise agreement that restricts jurisdiction or venue to a forum outside of Rhode Island or requires the application of laws from another state is void with respect to claims enforceable under the Rhode Island Franchise Investment Act.
Similarly, for franchisees in Maryland, the addendum specifies that any release required as a condition of renewal, sale, or transfer will not apply to claims arising under the Maryland Franchise Registration and Disclosure Law. Franchisees in Maryland also have the right to bring actions in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law, provided they do so within three years after the franchisor grants the franchise. Additionally, any representations requiring the franchisee to waive liability will not act as a waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law. These addenda modify the standard franchise agreement to comply with specific state laws, ensuring that franchisees' rights are protected under those laws.
It is important for prospective Bumper Man franchisees to carefully review the addendum applicable to their state to understand any specific exceptions or modifications to the standard franchise agreement. This ensures compliance with local laws and protects the franchisee's rights within their jurisdiction.