Does the Big O Tires trainee release Big O Tires and the Trainer from all claims during the Certification Program?
Big_O_Tires Franchise · 2025 FDDAnswer from 2025 FDD Document
hat s/he will be required to provide for his/her own insurance coverage, including worker's compensation coverage, health insurance, and general liability insurance coverage throughout the Term of the Certification Program.
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- Release. Trainee for himself/herself, his/her successors, assigns, agents and representatives, hereby unconditionally releases and discharges Big O and its successors, assigns, agents, representatives, employees, officers and directors and Trainer and its successors, assigns, agents, representatives, employees, officers and directors (collectively the "Released Parties") from any and all claims, demands, obligations, actions, liabilities and damages of every kind and nature whatsoever, in law or in equity, whether known or unknown to him/her, which s/he may now have against the Released Parties or which may accrue during or as a result of Trainee attending and being a part of the Certification Program. Trainee hereby knowingly and freely agrees to assume all of the risks involved in his/her participation in the Certification Program.
The following provision applies for any Trainees in California:
It is intended that this Agreement shall be effective as a bar to each and every action and cause of action related to the released claims, whether known or unknown, foreseen or unforeseen, suspected or unsuspected, that Trainee may have against the Released Parties and Trainee expressly waives any and all rights under Section 1542 of the California Civil Code, which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
The following provision applies for any Trainees in Montana:
It is intended that this Agreement shall be effective as a bar to each and every action and cause of action related to the released claims, whether known or unknown, foreseen or unforeseen, suspected or unsuspected, that Trainee may have against the Released Parties and Trainee expressly waives any and all rights under Section 28-1-1602 of the Montana Code Annotated, which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN THE CREDITOR'S FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH, IF KNOWN BY THE CREDITOR, MUST HAVE MATERIALLY AFFECTED THE CREDITOR'S SETTLEMENT WITH THE DEBTOR.
Source: Item 23 — RECEIPTS (FDD pages 102–535)
What This Means (2025 FDD)
According to the 2025 Big O Tires Franchise Disclosure Document, a trainee in the Certification Program agrees to release Big O Tires and the Trainer from any and all claims, demands, obligations, actions, liabilities, and damages, whether known or unknown, that may arise during or as a result of their participation in the program. This release extends to Big O Tires, its successors, assigns, agents, representatives, employees, officers, and directors, as well as the Trainer and their respective successors, assigns, agents, representatives, employees, officers, and directors. The trainee also agrees to assume all risks involved with participating in the Certification Program.
This release means that the trainee is giving up their right to sue Big O Tires or the Trainer for any issues that may occur during the Certification Program, including potential injuries, damages, or losses. This is a significant commitment and should be carefully considered. The FDD specifies that this release applies regardless of whether the claims are known or unknown at the time of signing.
For trainees in California, the agreement explicitly states that it is intended to bar every possible action related to the released claims, known or unknown. Trainees in California also waive their rights under Section 1542 of the California Civil Code, which typically protects individuals from releasing claims they are unaware of at the time of signing the release. However, for trainees in Washington, the release does not apply to claims under the Washington Franchise Investment Protection Act.
In addition to the release, the trainee also agrees to indemnify and hold harmless Big O Tires and the Trainer from any claims arising out of the trainee's participation in the Certification Program. This means the trainee is responsible for covering any costs, damages, or expenses that Big O Tires or the Trainer may incur due to the trainee's actions during the program. This indemnification extends beyond the termination of the agreement or the Certification Program itself.