For Bumble Roofing, who does the Successor Addendum apply to, including successors and assigns?
Bumble_Roofing Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to Bumble Roofing's 2025 Franchise Disclosure Document, the Successor Addendum applies to both the franchisee and the franchisor, as well as their respective successors and assigns. Specifically, the franchisee agrees to release the franchisor and its "past, present and future officers, directors, agents, attorneys, employees, shareholders, successors, assigns, members, managers, and Affiliates (collectively, the "Franchisor Released Parties")" from any claims.
In return for the franchisor entering into the Successor Franchise Agreement, the franchisee also releases themselves and their "heirs, executors, administrators, representatives, successors, assigns, officers, members, managers, directors, shareholders, employees, partners, and affiliates (collectively, the "Franchisee Releasing Parties")" from any claims against the Franchisor Released Parties. This release covers all types of claims, whether known or unknown, that occurred before the date of the Successor Addendum.
This means that if a franchisee sells their Bumble Roofing franchise, the Successor Addendum's terms and conditions, including the release of claims, will extend to the new franchisee (the successor or assignee). Similarly, if Bumble Roofing is acquired or undergoes a corporate restructuring, the Successor Addendum will apply to the new franchisor entity and its affiliates. This ensures that the obligations and protections outlined in the addendum remain in effect even if the ownership or structure of either the franchise or the franchisor changes.