Who are considered 'Franchisee Affiliates' in the context of the Bambu General Release?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
Release. Franchisee, for itself and its affiliates, and their respective current and former successors, assigns, officers, shareholders, directors, members, managers, agents, heirs and personal representatives ("Franchisee Affiliates"), hereby fully and forever unconditionally releases and discharges Bambu and its affiliates, and their respective successors, assigns, agents, representatives, employees, officers, shareholders, directors, members, managers and insurers (collectively referred to as "Bambu Affiliates") from any and all claims, demands, obligations, actions, liabilities and damages of every kind and nature whatsoever ("Released Claims"), in law or in equity, whether known or unknown, which Franchisee or the Franchisee Affiliates may now have against Bambu or the Bambu Affiliates or which may hereafter be discovered. Without limiting the foregoing, Released Claims includes, but is not limited to, all claims, demands, obligations, actions, liabilities and damages, known or unknown, in any way arising from or relating to: (i) any relationship or transaction with Bambu or the Bambu Affiliates, (ii) the Franchise Agreement or any related agreements, and (iii) the franchise relationship, from the beginning of time until the date of this Release.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, when a franchisee signs a general release, the term 'Franchisee Affiliates' includes the franchisee's current and former successors, assigns, officers, shareholders, directors, members, managers, agents, heirs, and personal representatives. This definition is important because the release extends not only to the franchisee but also to all of these affiliated parties.
This means that any claims these 'Franchisee Affiliates' might have against Bambu are also released. The release covers all claims, demands, obligations, actions, liabilities, and damages, whether known or unknown, in law or in equity, that the franchisee or its affiliates may have against Bambu or its affiliates. This broad release encompasses any issues arising from the relationship or transactions with Bambu, the Franchise Agreement, or the franchise relationship itself, from the beginning of time until the date of the release.
For a prospective Bambu franchisee, this underscores the importance of understanding the full scope of the general release. It is not just the franchisee's claims that are being released, but also those of a wide range of related parties. Franchisees should carefully consider the implications for themselves and their affiliates before signing the release, as it could prevent them from pursuing legal action against Bambu in the future.