What agreement is included as Exhibit I in the Buns On Fire FDD?
Buns_On_Fire Franchise · 2025 FDDAnswer from 2025 FDD Document
EXHIBIT "I" TRAINING COMPLETION AGREEMENT AND RELEASE
The undersigned is a franchisee of SMYA Ventures LLC, an Illinois limited liability company ("Buns on Fire" or "Franchisor"), owner or operator of or an investor in a Buns on Fire franchise, or a manager of a Buns on Fire Restaurant operated by a Buns on Fire franchisee who is commencing training. As part of such training, the undersigned may visit, inspect, train, and work in one or more of the Buns on Fire Restaurants owned or operated by Franchisor, its affiliates, or by one or more Buns on Fire franchisees. As an inducement to cause the owner of such Buns on Fire Restaurant to permit the undersigned to visit, inspect, train and work in such restaurant, THE UNDERSIGNED HEREBY RELEASES, HOLDS HARMLESS, AND AGREES TO DEFEND & INDEMNIFY SMYA VENTURES LLC, THE OWNER(S) OF SUCH RESTAURANT(S), AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "RELEASED & INDEMNIFIED PARTIES"), FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, INJURY, DAMAGE, COST AND EXPENSE SUFFERED OR INCURRED BY THE UNDERSIGNED AS A RESULT OF ANY SUCH VISIT, INSPECTION, TRAINING, OR WORK. IT IS ACKNOWLEDGED THAT THE FOREGOING RELEASE AND INDEMNITY IS INTENDED TO BE AS BROAD AND COMPREHENSIVE AS PERMITTED BY LAW, AND INCLUDES LIABILITY, COST, DAMAGE, INJURY, COST, AND EXPENSE SUFFERED AS A RESULT OR PARTLY AS A RESULT OF ANY NEGLIGENCE, ERROR OR OMISSION BY THE RELEASED & INDEMNIFIED PARTIES. The undersigned further represents that he has independently obtained or is covered by adequate insurance to cover the risk of loss or injury. Some states do not allow the limitations on liability set forth above. Accordingly, not all of the limitations set forth in this section may apply to undersigned.
The following language applies to franchises to be located in Maryland or to be granted to Maryland residents: The general release included in this consent and release shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law.
Source: Item 23 — RECEIPTS (FDD pages 49–200)
What This Means (2025 FDD)
According to the 2025 Buns On Fire Franchise Disclosure Document, Exhibit I is the Training Completion Agreement and Release. This agreement is signed by franchisees, investors, or managers of a Buns On Fire restaurant before commencing training. As part of the training, the individual may visit, inspect, train, and work in one or more Buns On Fire restaurants owned or operated by the franchisor, its affiliates, or other franchisees.
In this agreement, the franchisee releases, holds harmless, and agrees to defend and indemnify SMYA Ventures LLC (Buns On Fire), the owners of the restaurants, and their respective shareholders, officers, directors, employees, agents, representatives, affiliates, successors, and assigns from any liability, loss, injury, damage, cost, and expense suffered or incurred as a result of the visit, inspection, training, or work. This release and indemnity is intended to be broad and comprehensive, as permitted by law, and includes liability, cost, damage, injury, cost, and expense suffered as a result of any negligence, error, or omission by the released and indemnified parties.
The franchisee also represents that they have independently obtained or are covered by adequate insurance to cover the risk of loss or injury. However, the document notes that some states do not allow the limitations on liability set forth in the agreement, so not all limitations may apply to the franchisee. For franchises located in Maryland or granted to Maryland residents, the general release does not apply to any liability under the Maryland Franchise Registration and Disclosure Law.
This agreement is a standard practice in franchising to protect the franchisor and other franchisees from potential liabilities during the training process. Prospective franchisees should carefully review this agreement with legal counsel to understand the full scope of the release and indemnity, as well as any state-specific exceptions or limitations.