Does the Bumper Man General Release cover claims against 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.
- **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, to any person or entity, any Claim released under Section 1 above.
- **4.
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 releases Bumper Man, 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 a broad range of claims, demands, liabilities, and causes of action, whether known or unknown, vested or contingent, or suspected or unsuspected. The claims include those 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/guarantor and the released parties. The release applies to acts, omissions, or events occurring on or before the date of the release, unless prohibited by applicable law.
This means that a franchisee, by signing the General Release, agrees to waive their right to sue Bumper Man and related parties, including its officers, for a wide array of potential issues. This waiver extends to claims that the franchisee may not even be aware of at the time of signing the release. The franchisee also accepts the risk that the facts underlying the release may change, and agrees that the release remains effective regardless of any such changes.
However, the document also notes that this release of claims does not apply to claims arising under the Franchise Investment Protection Act in Washington state. Furthermore, for California franchisees, the document acknowledges Section 1542 of the California Civil Code, which states that a general release does not extend to claims that the releasing party does not know or suspect to exist, and that would have materially affected their settlement had they been known. Franchisees in certain states, including California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin, also cannot waive claims under applicable state franchise law or disclaim reliance on statements made by Bumper Man or its representatives.