Does the Bumper Man General Release cover claims against agents of Bumper Man?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
t") between Franchisee and Bumper Man, Inc. ("Franchisor"). | |
- 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.
- 2. Risk of Changed Facts. Franchisee and Guarantors understand that the facts in respect of which the Release in Section 1 above is given may turn out to be different from the facts now known or believed by them to be true. Franchisee and Guarantors hereby accept and assume the risk of the facts turning out to be different and agree that the Release shall nevertheless be effective in all respects and not subject to termination or rescission by virtue of any such difference in facts.
- 3. No Prior Assignment. Franchisee and Guarantors represent and warrant that the Releasors are the sole owners of all Claims and rights released hereunder and that Releasors have not assigned or transferred, or purported to assign or transfer, t
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 extends to cover claims against the franchisor's agents. The release explicitly includes the franchisor, its parent, subsidiaries, and affiliates, along with their past and present officers, directors, shareholders, agents, and employees in both their corporate and individual capacities, collectively referred to as the "Released Parties."
This means that by signing the General Release, the franchisee agrees to release Bumper Man and all of its associated parties from any and all claims, demands, liabilities, and causes of action, whether known or unknown, that the franchisee may have. This includes claims arising under federal, state, and local laws, as well as claims related to the Franchise Agreement itself. The franchisee also accepts the risk that the facts underlying the release may change and agrees that the release will remain effective regardless.
However, this release does not apply to claims arising under the Franchise Investment Protection Act in Washington state. Furthermore, franchisees in California acknowledge that a general release does not cover claims they are unaware of at the time of signing, which, if known, would have materially affected their settlement with Bumper Man. Prospective franchisees should carefully consider the implications of this release and consult with an attorney to understand their rights and obligations before signing.