Who benefits from the 'Successors and Assigns' provision in the Bumper Man General Release?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
- **6.
Successors and Assigns.** This Release will inure to the benefit of and bind the successor, assigns, heirs and personal representatives of Franchisor and each Releasor.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to the 2025 Bumper Man FDD, the 'Successors and Assigns' provision in the General Release is designed to benefit and legally bind the successors, assigns, heirs, and personal representatives of both the Franchisor and each Releasor. In the context of the General Release, 'Releasors' refers to the Franchisee and Guarantors, along with their successors, heirs, personal representatives, agents, contractors, assigns, partners, shareholders, members, directors, officers, members, principals, employees, parents, subsidiaries, and affiliated entities.
This means that the protections and obligations outlined in the release extend beyond the original parties to their legal successors. For Bumper Man, this ensures that any future entity that takes over the franchise operations or assets will still be protected by the terms of the release. Similarly, for the franchisee, their estate or any entity that inherits the franchise will also be bound by the release, preventing them from pursuing claims that were previously waived.
In practical terms, this clause provides long-term legal certainty for both parties. It ensures that the agreements made in the General Release remain valid even if the original parties undergo changes in ownership or structure. This is a standard provision in legal contracts, as it anticipates potential future changes and aims to maintain the integrity of the agreement over time. Franchisees should understand that this provision means their commitments under the release will extend to their heirs or any entity that takes over their business.