Does the Bumper Man General Release cover claims against past officers of Bumper Man?
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 the 2025 Bumper Man Franchise Disclosure Document, the General Release does cover claims against past officers. The release extends to Bumper Man, its parent companies, subsidiaries, and affiliates, along with their past and present officers, directors, shareholders, agents, and employees in both their corporate and individual capacities. This means that by signing the release, a franchisee agrees to release Bumper Man and all those affiliated with it from any and all claims, known or unknown, that the franchisee may have.
This release includes claims, demands, liabilities, and causes of action of any kind, whether known or unknown, vested or contingent, or suspected or unsuspected. It encompasses claims arising under federal, state, and local laws, rules, and ordinances, as well as claims for contribution, indemnity, subrogation, and those related to the Franchise Agreement and other agreements between the franchisee and Bumper Man. The release applies to any act, omission, or event occurring on or before the date of the release, unless prohibited by applicable law.
However, franchisees in certain states like California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin should note that no statement, questionnaire, or acknowledgment signed in connection with the franchise can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Bumper Man or its representatives. California franchisees should also be aware of California Civil Code Section 1542, which states that a general release does not extend to claims the releasing party doesn't know or suspect to exist, and which would have materially affected their settlement if known.