factual

Does the Washington addendum modify all related agreements to the Bumper Man franchise agreement?

Bumper_Man Franchise · 2025 FDD

Answer from 2025 FDD Document

The provisions of this Addendum form an integral part of, are incorporated into, and modify the Franchise Disclosure Document, the franchise agreement, and all related agreements regardless of anything to the contrary contained therein. This Addendum applies if: (a) the offer to sell a franchise is accepted in Washington; (b) the purchaser of the franchise is a resident of Washington; and/or (c) the franchised business that is the subject of the sale is to be located or operated, wholly or partly, in Washington.

Source: Item 23 — RECEIPTS (FDD pages 45–180)

What This Means (2025 FDD)

According to the 2025 Bumper Man Franchise Disclosure Document, the Washington addendum modifies the franchise agreement and all related agreements. The addendum explicitly states that its provisions are an integral part of, are incorporated into, and modify the Franchise Disclosure Document, the franchise agreement, and all related agreements, regardless of any conflicting information in those documents.

This modification applies specifically if the offer to sell a Bumper Man franchise is accepted in Washington, if the purchaser is a resident of Washington, or if the franchised business will be located or operated in Washington. This ensures that franchisees operating in Washington are subject to the specific legal requirements and protections afforded by Washington state law.

This addendum serves to protect the franchisee by ensuring compliance with Washington state laws, particularly regarding non-competition covenants and franchisee rights. For example, the addendum addresses noncompetition covenants, stating that any provisions conflicting with limitations set by Washington law (RCW 49.62.020 and RCW 49.62.030) are void and unenforceable in Washington. It also notes that franchisors cannot restrict franchisees from soliciting or hiring employees of other franchisees or the franchisor, as per RCW 49.62.060.

Furthermore, the addendum clarifies that Section 26(d) of the Franchise Agreement, which likely pertains to questionnaires and acknowledgments, does not apply to residents of Washington. This ensures that Bumper Man franchisees in Washington are not subject to potentially conflicting or unenforceable clauses within the standard franchise agreement. The inclusion of such addenda is a common practice in franchising to ensure compliance with state-specific franchise laws, which can vary significantly.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.