Does the Bumper Man General Release prevent the Releasors from prosecuting any administrative proceeding?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
r, to any person or entity, any Claim released under Section 1 above.
- 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.
- 5. Complete Defense. Franchisee and Guarantors: (i) acknowledge that this Release shall be a complete defense to any Claim released under Section 1 above; and (ii) consent to the entry of a temporary or permanent injunction to prevent or end the assertion of any such Claim.
- 6. Successors and Assigns. This Release will inure to the benefit of and bind the successor, assigns, heirs and personal representatives of Franchisor and each Releasor.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to the 2025 Bumper Man FDD, the General Release includes a covenant not to sue, which prevents the franchisee and guarantors (on behalf of themselves and other releasors) from initiating or participating in any administrative proceeding against the released parties. This extends to any court, agency, or other forum. This applies to any claim released under Section 1 of the General Release.
This means that as a Bumper Man franchisee, you agree not to take any administrative action against Bumper Man or related parties regarding any released claim. This could include actions before licensing boards or other regulatory bodies. The release serves as a complete defense against any claim and Bumper Man can seek an injunction to prevent any such claim from being asserted.
However, 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).