Does the release of claims against Bumble Roofing extend to claims that may be discovered in the future?
Bumble_Roofing Franchise · 2025 FDDAnswer from 2025 FDD Document
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 Businesses or the Franchise Agreements or any other contractual relationship 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."]
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to Bumble Roofing's 2025 Franchise Disclosure Document, the release of claims extends to claims that may be discovered in the future. The Franchisee agrees to release Bumble Roofing from any and all claims, debts, demands, damages, costs, expenses, actions, or causes of action, regardless of whether they are currently known or unknown. This includes claims that are contingent or matured.
This means a franchisee is giving up the right to sue Bumble Roofing for issues that may arise in the future but are based on events that occurred before the date of the release. This waiver covers a broad range of potential claims, including those related to the franchise agreement or the franchisee's roofing business. The franchisee also agrees not to assist others in pursuing claims against Bumble Roofing.
However, there is an exception for franchisees operating in Washington state, where the release of claims does not apply to claims arising under the Washington Franchise Investment Protection Act. Additionally, California franchisees waive their rights under Section 1542 of the California Civil Code, which protects them from unknowingly releasing claims. This waiver is considered a material term of the release, indicating its importance to Bumble Roofing. Franchisees are acknowledging they have had adequate opportunity to gather all necessary information before agreeing to the release.