Does the Bumper Man Summary of Acknowledgments and Franchisee Questionnaire act as a release, estoppel, or waiver of liability in all cases?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
BUMPER MAN, INC. SUMMARY OF ACKNOWLEDGMENTS AND FRANCHISEE QUESTIONNAIRE
THIS DOCUMENT SHALL NOT BE SIGNED BY YOU, AND WILL NOT APPLY, IF THE OFFER OR SALE OF THE FRANCHISE IS SUBJECT TO THE STATE FRANCHISE REGISTRATION/DISCLOSURE LAWS IN THE STATES OF CALIFORNIA, HAWAII, ILLINOIS, INDIANA, MARYLAND, MICHIGAN, MINNESOTA, NEW YORK, NORTH DAKOTA, RHODE ISLAND, SOUTH DAKOTA, VIRGINIA, WASHINGTON, OR WISCONSIN.
Do not sign this Questionnaire if you are a resident of Maryland or the business is to be operated in Maryland.
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- For the sake of clarity, the last sentence of the Franchisee Disclosure Questionnaire attached as Exhibit H to the Disclosure Document is amended as follows:
"All representations requiring prospective franchisees to assent to a release, estoppel or waiver of liability are not intended to nor shall they act as a release, estoppel or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law."
EXHIBIT H TO FDD
FRANCHISEE QUESTIONNAIRE
(This Franchisee Questionnaire will not be used if the franchise is to be operated in, or you are a resident of, California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin)
BUMPER MAN, INC. SUMMARY OF ACKNOWLEDGMENTS AND FRANCHISEE QUESTIONNAIRE
The following provision applies only to franchisees and franchises that are subject to the state franchise registration/disclosure laws in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin:
No statement, questionnaire, or acknowledgement signed or agreed to by you in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by us, any franchise seller, or any other person acting on our behalf. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, the Summary of Acknowledgments and Franchisee Questionnaire does not act as a release, estoppel, or waiver of liability in all cases. Specifically, for franchisees subject to franchise registration/disclosure laws in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin, no statement, questionnaire, or acknowledgment can waive claims under state franchise law, including fraud, or disclaim reliance on statements made by Bumper Man or its representatives.
In Maryland, any provision requiring a general release of claims against Bumper Man does not release claims under the Maryland Franchise Registration and Disclosure Law. Furthermore, any representations in the Franchisee Disclosure Questionnaire that require a franchisee to assent to a release, estoppel, or waiver of liability are not intended to, and will not, act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law.
For franchisees outside of these specified states, the document may have such effects, as indicated by the statement that the Franchisee Questionnaire will not be used if the franchise is to be operated in, or the franchisee is a resident of, the listed states. This suggests that outside of these protected jurisdictions, the questionnaire could potentially act as a release, estoppel, or waiver of liability. Therefore, prospective franchisees should carefully review the implications of signing such documents and seek legal counsel to understand their rights and obligations fully, based on their specific location and circumstances.