Does the Bumper Man General Release cover claims arising under federal laws?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
t") between Franchisee and Bumper Man, Inc. ("Franchisor"). | |
- 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.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to the 2025 Bumper Man FDD, the General Release executed by the franchisee and any guarantors includes a release of claims arising under federal laws. This release applies to the franchisee, guarantors, and their successors, heirs, and other related parties, collectively referred to as "Releasors." The release extends to Bumper Man, its parent, subsidiaries, affiliates, and their respective officers, directors, shareholders, agents, and employees, known as the "Released Parties."
The scope of the release covers all claims, demands, liabilities, and causes of action, whether known or unknown, vested or contingent, or suspected or unsuspected. This includes claims arising under federal, state, and local laws, rules, and ordinances, as well as claims for contribution, indemnity, and subrogation. It also encompasses claims related to the Franchise Agreement and other agreements between the franchisee, any guarantor, and the 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.
However, it's important to note that in Washington state, this release of claims does not apply to claims arising under the Franchise Investment Protection Act, chapter 19.100 RCW. Additionally, franchisees in states with franchise registration/disclosure laws like California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin may have additional protections against waiving claims under state franchise laws. In Maryland, any provision requiring a general release does not release any claim under the Maryland Franchise Registration and Disclosure Law.