What risks does the Releasee assume by participating in Buff City Soap training activities?
Buff_City_Soap Franchise · 2025 FDDAnswer from 2025 FDD Document
THIS AGREEMENT RESULTS IN YOU WAIVING RIGHTS AND POTENTIAL RIGHTS, WHETHER ON YOUR OWN BEHALF AND/OR ON BEHALF OF SOMEONE FOR WHOM YOU ARE AUTHORIZED TO MAKE SUCH DECISIONS AND AGREEMENTS. THE PERSON WHOSE RIGHTS ARE BEING WAIVED AND RELEASED IS THE "RELEASEE". YOU SHOULD NOT EXECUTE THIS AGREEMENT UNTIL AND UNLESS YOU COMPLETELY UNDERSTAND IT AND UNRESERVEDLY AND IRREVOCABLY CONSENT TO IT. THIS AGREEMENT IS LEGALLY BINDING.
Good Judgment and Good Conduct by Releasee. Releasee warrants and represents that Releasee is capable of using, and shall use, good judgment with regard to Releasee's conduct in connection with, participation in and/or observation of activities (the "Activities") in connection with initial training program for franchisees hosted by Buff City Soap Franchising, LLC and its affiliates (collectively, the "Company"). Some of the Activities will involve some level of potential harm, and Releasee, in its discretion, must and shall decide to participate in, or observe, Activities only if and to the extent Releasee can reasonably and is comfortable doing so. Releasee agrees not to participate in Activities if Releasee is uncomfortable or unsure regarding the safety or appropriateness of participating. Releasee will otherwise act in a manner which is respectful and safe toward others during and relating to the Activities and when participating in or being present at any in person or online Company sponsored, organized, or affiliated event or program and when on property owned or controlled by Company.
Appropriate and Sufficient Health, Medical, Physical, Mental, and Emotional Condition. Releasee warrants and represents that Releasee is in appropriate and sufficient good health and medical, physical, mental, and emotional condition to participate in the Activities that Releasee will be participating in and that Releasee has no problems or issues which would endanger Releasee or others due to such participation.
Informed Consent and Assumption of Risk. Participating in Activities at or via the Company will, by the very nature of said Activities, lead to a certain level of potential physical harm due to the substances and processes involved in training. Releasee acknowledges that Releasee is participating in Activities in areas that may be new and unfamiliar to Releasee. Releasee acknowledges that the Company is not responsible for any damages Releasee suffers as a result of any message, comment, or other communication by an Activity participant or other third party. Releasee is only participating after giving informed consent, including by way of this Agreement. By volunteering to participate in, or observe, the Activities, Releasee assumes the risk of any negative consequences which may reasonably result from the Activities, including as a result of actions or inactions by the Company, by other activity participants, or by third parties. If Releasee is not aware of the risks which may come by participating in the Activities, Releasee should not participate until and unless Releasee has sought and received information from the Company which allows Releasee to have a fair and reasonable opportunity to know and understand said risks.
Waiver and Release of Liability and Related Covenant.
Releasee, on behalf of himself/herself anyone who can claim or recover by, through or under Releasee, hereby agrees to waive, relinquish, discharge, release, and covenant not to sue the Company or its parent, sister, affiliated and/or subsidiary corporations and related entities, and each of their respective members, owners, officers, directors, partners, employees, consultants, contractors, advisors, agents, insurers, attorneys, representatives and volunteers (collectively, the "Released Parties"), from any and all rights, claims of injury, demands, causes of action, damages, liabilities, or loss that Releasee and anyone who can claim or recover through Releasee may have or come to have arising out of, connected with, or in any way associated with the Activities, at or via the Company or with Releasee participating in or being present at any Company sponsored, organized, or affiliated event or program or being on property owned or controlled by Company.
Releasee further covenants not to sue or otherwise bring a claim or complaint against the Released Parties for any of the matters waived and released herein.
Source: Item 6 — , Securities Offering Fee, in the amount column is revised to state the following: (FDD pages 216–303)
What This Means (2025 FDD)
According to the 2025 Buff City Soap FDD, franchisees, referred to as "Releasees," assume several risks when participating in training activities. These activities, which are part of the initial training program, may involve potential physical harm due to the substances and processes used. The Releasee acknowledges that these activities may take place in new and unfamiliar environments. By agreeing to the Training Liability Waiver, the Releasee assumes the risk of negative consequences resulting from these activities, including those caused by the actions or inactions of Buff City Soap, other participants, or third parties.
Prior to participating, the Releasee must provide informed consent, indicating they understand the risks involved. If a Releasee is unaware of these risks, they are expected to seek additional information from Buff City Soap to gain a fair understanding before participating. The Releasee also warrants that they are in good health and have the mental and emotional capacity to participate in the activities without endangering themselves or others. They must use good judgment and participate only in activities they are comfortable with, agreeing to act respectfully and safely towards others during any Buff City Soap-sponsored event or while on company property.
Furthermore, the Releasee waives their rights to sue Buff City Soap and its related parties for any claims of injury, demands, damages, liabilities, or losses arising from their participation in the training activities. This waiver extends to anyone who could claim or recover through the Releasee. The Releasee also covenants not to bring any claims or complaints against Buff City Soap for any matters waived in the agreement. This comprehensive assumption of risk and waiver of liability is a significant consideration for prospective franchisees, highlighting the importance of fully understanding the training activities and potential hazards involved.
It is important to note that this waiver may not be enforceable in all jurisdictions. For example, the FDD includes an addendum for Maryland that states representations requiring prospective franchisees to assent to a release, estoppel, or waiver of liability are not intended to, nor shall they act as a release, estoppel, or waiver of liability incurred under the Maryland Franchise Registration and Disclosure Law.