Does the Bumper Man General Release cover claims against past and present 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 and present officers. Franchisees and guarantors, on behalf of themselves and their specified representatives, release Bumper Man, including its parent, subsidiaries, and affiliates, along with their past and present officers, directors, shareholders, agents, and employees, in both their corporate and individual capacities. This release covers all claims, demands, liabilities, and causes of action, whether known or unknown, vested or contingent, suspected or unsuspected, that the releasors ever owned, now own, or may own in the future.
The scope of the release includes claims arising under federal, state, and local laws, rules, and ordinances, as well as claims for contribution, indemnity, and/or subrogation. It also encompasses claims arising out of or relating to the Franchise Agreement and all other agreements between the franchisee and/or any guarantor and any released parties. The release applies to any act, omission, or event occurring on or before the date of the release, unless prohibited by applicable law.
This means that a franchisee, upon signing the General Release, agrees to waive any existing or future claims against Bumper Man and its associated parties, including its officers, subject to certain legal limitations. Franchisees should be aware of the implications of this release, particularly concerning potential future disputes or issues that may arise after the release is signed. The FDD also notes that California franchisees acknowledge familiarity with California Civil Code Section 1542, which addresses the release of unknown claims, adding another layer of consideration for franchisees in that state.