What does the Bombs Away General Release say about initiating lawsuits?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
- **2.
Covenant Not to Sue.** Releasor (on behalf of all Releasing Parties) covenants not to initiate, prosecute, encourage, assist, or (except as required by law) participate in any civil, criminal, or administrative proceeding or investigation in any court, agency, or other forum, either affirmatively or by way of cross-claim, defense, or counterclaim, against any Released Party with respect to any Claim.
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to the 2024 Bombs Away Franchise Disclosure Document, the General Release includes a covenant not to sue. This means that the Releasor, on behalf of themselves and related parties, agrees not to initiate or participate in any legal proceedings against Bombs Away Franchising or its affiliates. This encompasses civil, criminal, or administrative actions in any court, agency, or forum. The Releasor also agrees not to assist or encourage others to take legal action against Bombs Away. This applies to any claim related to events that occurred up to the date of the release, including those arising from the Franchise Agreement.
This provision is a significant legal commitment. By signing the General Release, a franchisee gives up the right to sue Bombs Away for any past grievances. This could include claims related to misrepresentation, breach of contract, or other potential causes of action. The franchisee also acknowledges that the release serves as a complete defense against any such claim.
It is important to note that the Maryland Franchise Registration and Disclosure Law is an exception to this release. The release shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law. Prospective franchisees should carefully consider the implications of this covenant and consult with an attorney before signing the General Release, to fully understand the rights they are waiving and the potential consequences of doing so.