Does the release provided to Bumper Man cover claims for subrogation?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
- **1.
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 Bumper Man's 2025 Franchise Disclosure Document, the release provided 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, specifically including claims for contribution, indemnity, and/or subrogation. This release extends to Bumper Man, its parents, subsidiaries, affiliates, and their respective officers, directors, shareholders, agents, and employees.
This means that when a franchisee or guarantor signs the release, they are waiving their rights to pursue any claims against Bumper Man or related parties, including claims where they might seek to recover losses paid out to a third party (subrogation). This waiver applies to any act, omission, or event occurring on or before the date of the release, unless prohibited by applicable law.
It is important for a prospective Bumper Man franchisee to understand the scope of this release. By signing it, they are giving up the right to sue Bumper Man for a wide range of potential claims, including those related to subrogation. Franchisees should carefully consider the implications of this release and consult with an attorney before signing.