Does the Bumper Man General Release cover claims against the Franchisor's affiliates?
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 does cover claims against the franchisor's affiliates. The release extends to Bumper Man, Inc., its parent companies, subsidiaries, and affiliates, along with their respective past and present officers, directors, shareholders, agents, and employees. This ensures that all related entities and individuals are protected from potential claims.
The document specifies that the franchisee and their guarantors, along with their successors, heirs, and other related parties, release the franchisor and its related parties from any and all claims, demands, liabilities, and causes of action. This includes claims of any kind or nature, whether known or unknown, vested or contingent, or suspected or unsuspected. The release covers claims arising under federal, state, and local laws, rules, and ordinances, as well as claims for contribution, indemnity, and subrogation.
However, it's important to note that this release does not apply to claims arising under the Franchise Investment Protection Act in Washington state. Additionally, franchisees in certain states like California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, and Wisconsin may have additional protections under state franchise laws that cannot be waived. Therefore, prospective franchisees should carefully review the specific terms of the release and any applicable state laws to understand their rights and obligations fully.