Under what circumstances is a Bumper Man franchisee prohibited from using, processing, copying, displaying, publishing, storing, or transferring customer data?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
(c) Ownership. All Confidential Information furnished or disclosed by Franchisor to Franchisee or any of its Principals or otherwise obtained by Franchisee or its Principals is and will remain the sole property of Franchisor. Any reproductions, notes, summaries or similar documents relating to the Confidential Information, and any files, memoranda, reports, price lists, proprietary information, and other documents relating to the System, will become and remain the Intellectual Property of Franchisor immediately upon their creation and Franchisor will own all rights, title and interest in such Intellectual Property in accordance with Section 14(c) (Intellectual Property Rights). Upon expiration or termination of this Agreement, Franchisee will immediately return all copies of such Confidential Information and Intellectual Property to Franchisor.
(d) Interference with Employees. Franchisee acknowledges that the model for the operation of a Bumper Business is one of single owner-operator, with the Franchisee or its Operating Principal (if Franchisee is an Entity) satisfying all payment and performance obligations under this Agreement directly and without the support of Personnel. However, in limited circumstances, Franchisor may, at its option, approve in writing Franchisee's use of Personnel in the operation of its Bumper Business. In such case, Franchisee acknowledges that it is an independent business and responsible for the control and management of the day-to-day operations of the Bumper Business and its Personnel, including but not limited to the hiring and discharging of Franchisee's Personnel and setting and paying wages and benefits of Franchisee's Personnel. Franchisee acknowledges that Franchisor has no power, responsibility or liability in any respect to the hiring, discharging, setting and paying of wages or related matters, as the sole power, responsibility
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, a franchisee faces restrictions on using, processing, copying, displaying, publishing, storing, or transferring customer data upon the expiration or termination of the Franchise Agreement. Specifically, the franchisee must immediately cease using the Bumper Man system and return all confidential information and intellectual property to Bumper Man.
This obligation ensures that after the franchise relationship ends, the franchisee does not continue to benefit unfairly from Bumper Man's proprietary information and customer data. It protects Bumper Man's competitive advantage and customer relationships. The franchisee is responsible for any costs associated with complying with these post-termination obligations.
Moreover, the franchisee must also discontinue using any electronic communication methods associated with Bumper Man, such as email addresses or social media accounts, to further prevent any confusion or continued association with the brand after termination. This includes transferring or canceling any domain names or phone numbers associated with the Bumper Man business, ensuring a clean break between the franchisee and the Bumper Man system.