Does the Bumper Man General Release apply to events occurring on or before the date of the release?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
- **1.
Release by Franchisee and Guarantors.** Franchisee and Guarantors, on behalf of themselves and their successors, heirs, personal representatives, executors, administrators, personal representatives, agents, contractors, assigns, partners, shareholders, members, directors, officers, members, principals, employees, parents, subsidiaries, and affiliated entities, (collectively "Releasors") freely and without any influence forever release Franchisor, its parent, subsidiaries and affiliates and their respective past and present officers, directors, shareholders, agents and employees, in their corporate and individual capacities (collectively, the "Released Parties"), from any and all claims, demands, liabilities and causes of action of whatever kind or nature, whether known or unknown, vested or contingent, suspected or unsuspected (collectively "Claims"), that Releasors ever owned or held, now own or hold or may in the future own or hold, including, without limitation, claims arising under federal, state and local laws, rules and ordinances, claims for contribution, indemnity and/or subrogation, and claims arising out of, or relating to the Franchise Agreement and all other agreements between Franchisee and/or any Guarantor and any Released Parties, arising out of, or relating to any act, omission or event occurring on or before the date of this Release, unless prohibited by applicable law.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, the General Release executed by the franchisee and any guarantors releases Bumper Man from claims arising out of events occurring on or before the date of the release. This release is a condition of transfer or renewal of the Franchise Agreement.
Specifically, the franchisee and guarantors release Bumper Man from all claims, demands, liabilities, and causes of action, whether known or unknown, vested or contingent, that the franchisee ever owned, now owns, or may own in the future. This includes claims arising under federal, state, and local laws, claims for contribution, indemnity, or subrogation, and claims relating to the Franchise Agreement or any other agreements between the franchisee and Bumper Man.
This means a franchisee is giving up their right to sue Bumper Man for any past issues once they sign the release. This could include issues that the franchisee is not even aware of at the time of signing the release. The FDD also states that this release is required for the transfer or renewal of the franchise agreement, so a franchisee may be required to sign it to continue operating their Bumper Man franchise.
It is important for a prospective Bumper Man franchisee to carefully consider the implications of this release and to consult with an attorney before signing it. Franchisees should be aware of any potential claims they may have against Bumper Man before signing the release, as they will be giving up their right to pursue those claims.