What is the effect of the 'Complete Defense' provision in the Bumper Man General Release?
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 'Complete Defense' provision within the General Release means that the release serves as a full defense against any claim covered by Section 1 of the release. This implies that Bumper Man franchisees and guarantors acknowledge that the Release will prevent any released claim from being successfully pursued in court.
Furthermore, the 'Complete Defense' provision includes consent to a temporary or permanent injunction. This means Bumper Man can seek a court order to stop a franchisee from pursuing any claim released under Section 1. This could significantly limit a franchisee's legal options if they believe Bumper Man has acted unfairly or violated the franchise agreement, as the franchisor can obtain an injunction to prevent the franchisee from even bringing the claim before a court or other legal venue.
However, 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). Additionally, California franchisees acknowledge familiarity with Section 1542 of the Civil Code of the State of California, regarding general releases not extending to unknown claims that would have materially affected settlement if known. Therefore, the 'Complete Defense' is subject to certain legal limitations and franchisee protections, particularly in specific states like California and under specific franchise laws.