What section of the Bombs Away franchise agreement describes the general release of liability?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
Notwithstanding the foregoing, Bombs Away Franchising may amend the Manual, give binding notice of changes to System Standards, and deliver notices of default by electronic mail or other electronic communication.
18.10 Holdover. If Franchisee continues operating the Business after the expiration of the term without a renewal agreement or successor franchise agreement executed by the parties in accordance with Section 3.2, then at any time thereafter (regardless of any course of dealing by the parties), Bombs Away Franchising may by giving written notice to Franchisee (the "Holdover Notice") either (i) require Franchisee to cease operating the Business and comply with all postclosing obligations effective immediately upon giving notice or effective on such other date as Bombs Away Franchising specifies, or (ii) bind Franchisee to a renewal term of 5 years, and deem Franchisee and its Owners to have made the general release of liability described in Section 3.2(vi).
18.11 Joint and Several Liability. If two or more people sign this Agreement as "Franchisee", each will have joint and several liability.
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 of liability is described in Section 3.2(vi) and Section 18.10 of the franchise agreement. Section 18.10 discusses holdover situations, specifying that if a franchisee continues operating the business after the expiration of the term without a renewal agreement, Bombs Away may bind the franchisee to a renewal term of 5 years and deem the franchisee and its owners to have made the general release of liability described in Section 3.2(vi).
Additionally, Item 22 includes a form of general release as Attachment 3 to the Franchise Agreement. This form is not signed when purchasing a franchise initially, but Bombs Away may require it in circumstances such as a renewal or as a condition for approving a sale of the franchise.
Furthermore, Section 1 of the General Release outlines that the Releasor releases Bombs Away Franchising from all claims and liabilities. Section 2 includes a covenant not to sue, preventing the Releasor from initiating any legal proceedings against Bombs Away Franchising. Section 3 includes representations and acknowledgments by the Releasor, confirming their authority to sign the release and acknowledging that the release is a complete defense to any claim.