What releases must a Bumper Man franchisee, Certified Technician, and their principals execute?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
- (g) Franchisee, Certified Technician and their respective Principals have executed a general release, in form satisfactory to Franchisor, releasing Franchisor, it officers, directors, employees, agents and affiliates from any and all claims arising out of the operation of the Bumper Business, excluding those claims which cannot be released under applicable law.
12. GENERAL RELEASE. In consideration of the foregoing and other good and valuable consideration, Franchisee, its Principals, Certified Technician (and, if Certified Technician is an Entity, each Person and Entity holding an Equity Interest in Certified Technician, as set forth in Exhibit A to this Addendum), each for themselves and on behalf of their current and former officers, directors, shareholders, members, partners, affiliates, agents, attorneys, representatives, predecessors, successors and assigns (collectively, the "Franchisee Releasing Parties"), absolutely and unconditionally waive, release and forever discharge Franchisor and its current
and former officers, directors, shareholders, members, partners, affiliates, agents, attorneys, representative, predecessors, successors and assigns (the "Franchisor Released Parties") from all claims, demands, obligations, liabilities, actions, and causes of actions whatsoever, in law or equity, that any Franchisee Releasing Party has ever had or may in the future have arising from the Franchise Agreement, this Addendum any other agreement between a Franchisee Releasing Party and a Franchisor Released Party, and the relationship and course of dealing among any Franchisor Released Party and any Franchisee Releasing Party, whether known or unknown, that occurred on or before the Effective Date. The Franchisee Releasing Parties acknowledge and agree that this is a general release that expressly covers unknown as well as known claims, and they voluntarily waive, release and assume the risk of all claims that exist as of the date of this Addendum, whether known or unknown to them.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, a franchisee, their principals, and any Certified Technicians must execute a general release. This release, in a form satisfactory to Bumper Man, releases Bumper Man, its officers, directors, employees, agents, and affiliates from any claims arising from the operation of the Bumper Business. However, this excludes claims that cannot be released under applicable law.
This requirement means that before a Certified Technician can operate within a Bumper Man franchise, all involved parties must sign away their rights to sue Bumper Man for most issues related to the business. This is a significant commitment, as it limits the franchisee's and technician's legal recourse against the franchisor.
Additionally, in consideration of the agreement between the franchisee, its principals, and the Certified Technician, the franchisee releasing parties waive, release, and forever discharge Bumper Man and its current and former officers, directors, shareholders, members, partners, affiliates, agents, attorneys, representative, predecessors, successors and assigns from all claims, demands, obligations, liabilities, actions, and causes of actions whatsoever, in law or equity, that any Franchisee Releasing Party has ever had or may in the future have arising from the Franchise Agreement, this Addendum any other agreement between a Franchisee Releasing Party and a Franchisor Released Party, and the relationship and course of dealing among any Franchisor Released Party and any Franchisee Releasing Party, whether known or unknown, that occurred on or before the Effective Date.
Prospective franchisees should carefully review the terms of the general release with a legal professional to fully understand the scope of the claims being waived and the potential implications for their business and personal liability. This is a common practice in franchising, but the specific terms can vary and should be thoroughly examined.