What defense does the Bumper Man General Release provide?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
ction 1 above with respect to any Claim released under Section 1 above.
- 5. Complete Defense. Franchisee and Guarantors: (i) acknowledge that this Release shall be a complete defense to any Claim released under Section 1 above; and (ii) consent to the entry of a temporary or permanent injunction to prevent or end the assertion of any such Claim.
- 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.
- 7. This Release of Claims does not apply to claims arising under the Franchise Investment Protection Act, chapter 19.100 RCW, or the rules adopted thereunder in accordance with RCW 19.100.220(2).
[The following is to be used only for California franchisees]
Acknowledgment of Releases under California Law.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to the 2025 Bumper Man FDD, the General Release provides a complete defense against any claim released under Section 1 of the agreement. This means that if a franchisee or guarantor has signed the release, Bumper Man can use it to block any legal action related to the claims covered in that section.
Furthermore, the FDD states that franchisees and guarantors consent to a temporary or permanent injunction to prevent or end the assertion of any such claim. This means Bumper Man can seek a court order to stop a franchisee or guarantor from pursuing a claim covered by the release.
However, the release does not apply to claims arising under the Franchise Investment Protection Act, chapter 19.100 RCW, in Washington state. Additionally, California franchisees acknowledge familiarity with Section 1542 of the Civil Code of California, which states that a general release does not cover claims the releasing party was unaware of at the time of signing that would have materially affected their settlement.