Does the Bumper Man General Release prevent the Releasors from assisting in any criminal proceeding?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
- **4.
Covenant Not to Sue.** Franchisee and Guarantors, on behalf of themselves and Releasors, covenant not to initiate, prosecute, encourage, assist, or (except as required by law) participate in any civil, criminal, or administrative proceeding or investigation in any court, agency, or other forum, either affirmatively or by way of cross-claim, defense, or counterclaim, against any person or entity released under Section 1 above with respect to any Claim released under Section 1 above.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, the General Release includes a covenant not to assist in criminal proceedings, but with a significant exception. Specifically, franchisees and guarantors, on behalf of themselves and other releasors, agree not to initiate, prosecute, encourage, or assist in any civil, criminal, or administrative proceeding or investigation. However, this restriction does not apply if assistance is required by law. This means that if a franchisee is legally compelled to participate in a criminal proceeding, the General Release does not prevent them from doing so.
This provision has important implications for prospective Bumper Man franchisees. While it broadly restricts their ability to take legal action against the franchisor, it also acknowledges that legal obligations take precedence. A franchisee should be aware of this clause and understand that they are giving up some rights to participate in legal proceedings, except when legally mandated.
It is important for a potential Bumper Man franchisee to seek legal counsel to fully understand the scope and implications of this General Release. Understanding the circumstances under which they might be legally required to participate in a proceeding is crucial. This will help them assess the risks and benefits of entering into a franchise agreement with Bumper Man.