Does the Bambu General Release cover claims that the Franchisee Affiliates may have against Bambu 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 covers claims that Franchisee Affiliates may have against Bambu Affiliates. The release states that the Franchisee, including its affiliates, releases Bambu and its affiliates from all claims and liabilities. This release encompasses all types of claims, whether known or unknown, that the Franchisee or its affiliates may have against Bambu or its affiliates. This includes claims arising from any relationship or transaction, the Franchise Agreement, or the franchise relationship itself.
This means that by signing the release, a Bambu franchisee and its related parties are giving up their rights to sue Bambu and its related parties for virtually any reason. This is a significant commitment and should be carefully considered. The release extends to claims that may arise in the future or that are not yet known at the time of signing.
It is important to note that the FDD includes specific clauses addressing the release of unknown claims and waivers of state laws, such as those in California, Montana, and North Dakota, which may limit the effect of a general release. These clauses emphasize that the franchisee is aware they may discover new facts but still intend to release all claims fully. Franchisees are also agreeing to defend and indemnify Bambu and its affiliates against any claims brought contrary to the release.