Does the Bumper Man General Release apply to omissions 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 hel
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to the 2025 Bumper Man FDD, the General Release executed by the franchisee and any guarantors includes a release of the franchisor from any and all claims, demands, liabilities, and causes of action of whatever kind or nature, whether known or unknown. This release applies to claims that the franchisee or their related parties ever owned or held.
This means that by signing the General Release, a Bumper Man franchisee agrees to release Bumper Man from any claims they might have, even if they are not aware of them at the time of signing. This includes past actions or omissions by Bumper Man. The release covers a broad range of potential claims, including those that are known, unknown, suspected, or unsuspected.
It is important for a prospective Bumper Man franchisee to carefully consider the implications of signing such a broad release. They should understand that they are giving up their right to sue Bumper Man for any past actions or omissions, even if those actions or omissions are not yet known. Franchisees should seek legal counsel to fully understand the scope and implications of the General Release before signing it, especially considering the laws in states like California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin, where certain waivers may not be enforceable.