Does the Bambu General Release cover claims against Bambu's insurers?
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 cover claims against Bambu's insurers. The release agreement explicitly includes Bambu's affiliates, which are defined to include their insurers. This means that by signing the release, a franchisee is waiving their rights to bring any claims against Bambu's insurance providers.
The release covers all claims, demands, obligations, actions, liabilities, and damages of every kind, whether known or unknown, in law or equity, that the franchisee may have against Bambu or its affiliates. This broad language is further clarified to include any claims arising from the relationship or transactions with Bambu, the Franchise Agreement, or the franchise relationship itself.
It is important for a prospective Bambu franchisee to understand the full scope of this release. They should carefully consider the implications of waiving their rights to make claims against Bambu and its insurers, as this could have significant financial consequences in the event of unforeseen issues or disputes. Franchisees in California, Montana, and North Dakota also acknowledge that they are waiving rights and benefits under state laws regarding claims not known or suspected at the time of executing the release.