Does the Buff City Soap Training Liability Waiver include a covenant not to sue?
Buff_City_Soap Franchise · 2025 FDDAnswer from 2025 FDD Document
EXHIBIT J TRAINING LIABILITY WAIVER
TRAINING LIABILITY WAIVER
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.
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 Franchise Disclosure Document, Exhibit J includes a Training Liability Waiver. This waiver requires franchisees to acknowledge that they are waiving certain rights and potential rights, both on their own behalf and on behalf of anyone for whom they are authorized to make such decisions. The document emphasizes the importance of fully understanding the agreement before consenting to it, as it is legally binding.
The waiver stipulates that the franchisee, referred to as the "Releasee," must use good judgment during the initial training program hosted by Buff City Soap Franchising, LLC. Given that some activities may involve potential harm, the Releasee is responsible for deciding whether to participate based on their comfort level and ability. The Releasee also agrees to act respectfully and safely towards others during company-sponsored events and on company-owned property.
Furthermore, the waiver requires the Releasee to warrant that they are in appropriate health and physical, mental, and emotional condition to participate in the training activities. They must also confirm that they have no health issues that could endanger themselves or others during their participation. While the document does include a liability waiver, it does not explicitly contain a covenant not to sue. A covenant not to sue would be a separate, specific agreement where the franchisee promises not to bring legal action against Buff City Soap under certain conditions. The presence of a general liability waiver does not automatically imply a covenant not to sue.