Does the release of claims against Bumble Roofing cover actions, suits, and losses?
Bumble_Roofing Franchise · 2025 FDDAnswer from 2025 FDD Document
ES, OBLIGATIONS AND OPERATING STANDARDS. | | 5. | section. | ATTACHMENT A. | with "Successor Franchise Fee" in both the heading and in the first sentence of this | | | | In Section 2 of Attachment A, the phrase "Initial Franchise Fee" is replaced |
- RELEASE OF CLAIMS. As of the date of this Successor Addendum, in consideration for Franchisor entering into the Successor Franchise Agreement, Franchisee does hereby compromise, settle, and absolutely, unconditionally, and fully release, discharge, and hold harmless for itself and each of its respective heirs, executors, administrators, representatives, successors, assigns, officers, members, managers, directors, shareholders, employees, partners, and affiliates (collectively, the "Franchisee Releasing Parties"), Franchisor and its past, present and future officers, directors, agents, attorneys, employees, shareholders, successors, assigns, members, managers, and Affiliates (collectively, the "Franchisor Released Parties"), for all purposes, of and from any and all claims, debts, demands, damages, costs, expenses, actions, causes of action, or suits of any kind whatsoever, at common law, statutory or otherwise, whether now known or not, whether contingent or matured, including, without limitation, any claim, demand, or cause of action arising out of or in connection with Franchisee's Roofing Business or the Franchise Agreement or any other contractual relation between Franchisee and Franchisor and/or any Franchisor Released Parties, which Franchisee Releasing Parties may have had or may now have directly or indirectly against any or all of Franchisor Released Parties based upon or arising out of any event, act, or omission that has occurred prior to the date hereof. Franchisee Releasing Parties further covenant and agree to never institute, prosecute or assist others to institute or prosecute, or in any way aid any claim, suit, action at law or in equity, or otherwise assert any claim against any or all of Franchisor Released Parties for any damages (actual, consequential, punitive or otherwise), injunctive relief, or other loss or injury either to person or property, cost, expense, attorneys' fees, amounts paid on account of recovery or settlement, or any other damage or harm whatsoever, based upon or arising out of any event, act, or omission that has occurred prior to the date hereof.
[The following language is included in the event the Washington Franchise Investment Protection Act, RCW 19.100 and the rules adopted thereunder apply: "The release of claims does not apply with respect to claims arising under the Washington Franchise Investment Protection Act, RCW 19.100, and the rules adopted thereunder."]
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- MISCELLANEOUS. This Successor Addendum will be binding upon and inure to the benefit of each party and to each party's respective successors and assigns. Any terms not defined in this Successor Addendum have the meaning given to the terms in the Successor Franchise Agreement.
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- NO FURTHER CHANGES. Except as specifically provided in this Successor Addendum, all of the terms, conditions and provisions of the Successor Franchise Agreement will remain in full force and effect as originally written and signed.
IN WITNESS WHEREOF, Franchisor and Franchisee have duly executed this Successor Addendum as of the date first above written.
| FRANCHISOR: | FRANCHISEE: | |--------------------------------|-------------| | BUMBLE ROOFING FRANCHISOR, LLC | | | | | | By: | By: | | Its: | Its: |
ATTACHMENT H TO FRANCHISE AGREEMENT
BUMBLE ROOFING FRANCHISOR, LLC AGGREGATE REPORTING ADDENDUM TO FRANCHISE AGREEMENT
| This Aggregate Reporting Addendum ("Aggregate Reporting Addendum") to the Franchise | ||||||
|---|---|---|---|---|---|---|
| Agreement is made and entered into this day of 20, by and | ||||||
| between | BUMBLE | ROOFING | FRANCHISOR, | LLC | ("Franchisor") | and |
| ("Franchisee"). |
BACKGROUND
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to the 2025 Bumble Roofing Franchise Disclosure Document, the release of claims is comprehensive, covering a wide array of potential legal issues. As part of the Successor Franchise Agreement, the franchisee agrees to release Bumble Roofing from "any and all claims, debts, demands, damages, costs, expenses, actions, causes of action, or suits of any kind whatsoever". This release extends to claims arising from the franchise relationship or the franchisee's roofing business.
This release encompasses both known and unknown claims, whether they are currently apparent or may arise in the future. It includes any actions or suits at common law or statutory law. The franchisee also agrees not to initiate or assist in any legal actions against Bumble Roofing for damages, injunctive relief, or any other loss or injury to person or property. This includes costs, expenses, attorney's fees, and any amounts paid for recovery or settlement.
However, there is an exception for claims arising under the Washington Franchise Investment Protection Act, if applicable. Additionally, franchisees and guarantors acknowledge their intent to settle and release all existing, potential, or previously existing claims, even if those claims were unknown or unforeseen. This release remains effective regardless of the discovery of additional facts. Franchisees also waive any rights or claims that might arise from different or additional claims or facts.
For franchisees in California, they waive their rights under Section 1542 of the California Civil Code, which typically protects against releasing claims that are unknown at the time of the release. This waiver is considered an essential term of the release, and franchisees acknowledge they have had adequate opportunity to gather all necessary information before agreeing to the release.