Does the Bumper Man General Release cover claims against past and present agents 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 executed by the franchisee and any guarantors includes a release of claims against Bumper Man, Inc. and its past and present agents. Specifically, the release extends to Bumper Man's parent, subsidiaries, and affiliates, as well as their respective past and present officers, directors, shareholders, agents, and employees, both in their corporate and individual capacities. This means that by signing the release, a franchisee agrees to waive any and all claims against these parties.
The scope of the release covers a broad range of potential claims, including those that are known or unknown, vested or contingent, and suspected or unsuspected. It encompasses claims arising under federal, state, and local laws, rules, and ordinances, as well as claims for contribution, indemnity, and subrogation. It also includes claims arising out of or relating to the Franchise Agreement and any other agreements between the franchisee (or any guarantor) and the released parties. The release applies to any act, omission, or event occurring on or before the date the release is signed, unless prohibited by applicable law.
However, franchisees should note that in certain states (California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin), the FDD states that no statement, questionnaire, or acknowledgement signed by the franchisee can waive claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on any statement made by Bumper Man or anyone acting on its behalf. Furthermore, the release of claims does not apply to claims arising under the Franchise Investment Protection Act in Washington state. Franchisees should carefully review these exceptions and consider seeking legal advice to fully understand the implications of the General Release.