Does the Bumper Man General Release require the Guarantors to warrant that they have not transferred any claims?

According to Bumper Man's 2025 Franchise Disclosure Document, the General Release does require the Guarantors to warrant that they have not transferred any claims. Specifically, the Guarantors must represent and warrant that the Releasors are the sole owners of all Claims and rights released and that they have not assigned or transferred any Claim released under Section 1 of the agreement. This warranty ensures that Bumper Man is dealing with the actual owners of any potential claims, preventing future disputes over ownership of those claims.

This requirement is significant because it protects Bumper Man from dealing with third parties who might later assert a claim based on a prior assignment or transfer. By requiring this warranty, Bumper Man aims to ensure that the release is comprehensive and legally sound. The General Release also states that the Franchisee and Guarantors understand that the facts in respect of which the Release in Section 1 is given may turn out to be different from the facts now known or believed by them to be true. Franchisee and Guarantors accept and assume the risk of the facts turning out to be different and agree that the Release shall nevertheless be effective in all respects and not subject to termination or rescission by virtue of any such difference in facts.

For a prospective Bumper Man franchisee, this means that if a transfer or renewal of the Franchise Agreement is contemplated, any individuals acting as Guarantors must be certain that they have not previously transferred any rights or claims related to the franchise. Failure to comply with this requirement could invalidate the release and expose the Guarantors to potential liability. This clause is a standard protective measure for franchisors to avoid future legal complications arising from unclear claim ownership.

It is important for franchisees and guarantors to fully understand the implications of this warranty and to ensure that all relevant parties are aware of any prior assignments or transfers of claims. Consulting with legal counsel to review the General Release and confirm compliance with this requirement is advisable.