Does the Bumper Man General Release require consent to the entry of a temporary injunction?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
- **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.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, the General Release requires the franchisee and guarantors to consent to the entry of a temporary or permanent injunction. This consent is specifically to prevent or end the assertion of any claim released under Section 1 of the General Release.
This means that as part of the General Release, franchisees give up the right to fight against a temporary or permanent injunction related to claims they are releasing. Practically, this could significantly limit a franchisee's legal options if a dispute arises that falls under the scope of the release. They agree upfront to allow a court to issue an injunction against them, potentially halting certain actions or requiring them to take specific actions.
It is important for a prospective Bumper Man franchisee to carefully consider the implications of this consent. They should seek legal counsel to fully understand what types of claims are covered by Section 1 of the General Release and how this consent could affect their rights in potential future disputes with Bumper Man. This is especially crucial before signing the General Release, as it could have long-lasting consequences on their ability to defend their interests.