Does the Bumper Man General Release cover claims for subrogation?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
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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 FDD, the General Release executed by the franchisee and any guarantors does include claims for subrogation. The release covers all claims, demands, liabilities, and causes of action, whether known or unknown, vested or contingent, including claims for contribution, indemnity, and/or subrogation. This release extends to Bumper Man, its parent, subsidiaries, affiliates, and their respective officers, directors, shareholders, agents, and employees.
This means that a franchisee, by signing the General Release, waives their right to pursue claims against Bumper Man for subrogation. Subrogation typically involves one party stepping into the shoes of another to claim their rights or remedies. In the context of a franchise, this could arise if a franchisee's insurer, for example, pays out a claim and then seeks to recover those costs from Bumper Man.
The release covers claims arising under federal, state, and local laws, rules, and ordinances, and those arising out of or relating to the Franchise Agreement and all 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. Franchisees and guarantors also acknowledge the risk of changed facts and agree that the release remains effective regardless of any differences in facts later discovered.
However, the FDD also notes that this release of claims does not apply to claims arising under the Franchise Investment Protection Act, chapter 19.100 RCW, or the rules adopted thereunder in accordance with RCW 19.100.220(2). Additionally, franchisees in certain states like California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin may have additional protections under state franchise laws that prevent the waiver of certain claims.