Is the Bambu General Release unconditional?
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 franchise agreement includes a general release. This release requires the franchisee to unconditionally release and discharge Bambu and its affiliates from all claims, demands, obligations, actions, liabilities, and damages, whether known or unknown. This release covers any claims 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.
Notably, the FDD includes specific clauses addressing the release of unknown claims and waivers of state laws, particularly for California, Montana, and North Dakota. These clauses acknowledge that state laws may limit the effect of a general release regarding claims not known or suspected at the time of execution. However, the franchisee is required to waive any rights or benefits under these state laws to the fullest extent permitted, indicating an intention to provide a comprehensive release, even for claims that may be discovered later.
This means that as a Bambu franchisee, you are agreeing to release Bambu from any potential future claims, even those you are not currently aware of. This is a significant commitment, as it could prevent you from pursuing legal action against Bambu in the future, even if you later discover that you have a valid claim. Prospective franchisees should carefully consider the implications of this release and seek legal counsel to fully understand their rights and obligations before signing the Franchise Agreement. The franchisee also agrees to defend and indemnify Bambu from any claims made against them.