Who are the 'Released Parties' as defined in the Bumper Man General Release?
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 "Released Parties" in the General Release include Bumper Man itself, along with its parent company, subsidiaries, and affiliates. This extends to their respective past and present officers, directors, shareholders, agents, and employees, acting in both their corporate and individual capacities.
This definition is important for prospective franchisees because it clarifies the scope of the release they are providing. By signing the General Release, franchisees agree to release all of these parties from any claims, demands, liabilities, and causes of action they may have, whether known or unknown, arising from any act, omission, or event occurring on or before the date of the release. This includes claims related to the Franchise Agreement and other agreements between the franchisee and Bumper Man.
It is important to note that this release is broad and covers a wide range of potential claims. Franchisees should carefully consider the implications of signing such a release and consult with an attorney if they have any concerns about its scope or effect. The FDD also notes some state-specific limitations on waivers, so franchisees should be aware of any protections afforded to them by state law.