Does the Bambu General Release apply to the Franchisee's affiliates?
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, the general release does apply to the franchisee's affiliates. The release extends not only to the franchisee but also to their affiliates, encompassing their current and former successors, assigns, officers, shareholders, directors, members, managers, agents, heirs, and personal representatives, collectively referred to as "Franchisee Affiliates."
This means that the release covers a broad range of individuals and entities connected to the franchisee's business. By signing the release, the franchisee, along with their affiliates, is relinquishing any claims against Bambu and its affiliates. This includes known and unknown claims arising from any relationship or transaction with Bambu, the Franchise Agreement, or the franchise relationship itself.
It is important for a prospective Bambu franchisee to fully understand the implications of this release. They should carefully consider the scope of the release and how it may affect their affiliates. Franchisees should seek legal counsel to ensure they fully understand the rights they are waiving and the potential impact on their business and related parties.