Can Bumble Roofing seek injunctive relief without mediation or arbitration?
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)
Based on the 2025 Bumble Roofing Franchise Disclosure Document, franchisees agree to release Bumble Roofing from all claims, agreeing to never institute any action against Bumble Roofing for any damages, including injunctive relief. This waiver includes any event, act, or omission that occurred before the date of the Successor Addendum.
However, there is an exception to this release of claims for franchisees operating in Washington state. If the Washington Franchise Investment Protection Act applies, the release of claims does not extend to claims arising under that specific act and its associated rules.
Therefore, while franchisees generally waive their right to seek injunctive relief against Bumble Roofing, franchisees in Washington state may retain the right to do so under specific circumstances governed by Washington law. Prospective franchisees should consult with a legal professional to fully understand their rights and obligations, particularly in relation to dispute resolution and potential legal remedies.