Does the Training Completion Agreement and Release for Buns On Fire apply to managers of a Buns On Fire Restaurant?
Buns_On_Fire Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 49–200)
What This Means (2025 FDD)
According to the 2025 Buns On Fire Franchise Disclosure Document, the Training Completion Agreement and Release does indeed apply to managers of a Buns On Fire restaurant. Specifically, Exhibit I, titled "TRAINING COMPLETION AGREEMENT AND RELEASE," explicitly includes "a manager of a Buns on Fire Restaurant operated by a Buns on Fire franchisee who is commencing training" as one of the parties to whom the agreement applies. This means that if you are a franchisee, investor, or a manager commencing training, you may be required to sign this agreement.
This agreement requires the person undergoing training to release, hold harmless, defend, and indemnify SMYA Ventures LLC (Buns on Fire), the restaurant owners, and their affiliates from any liability, loss, injury, damage, cost, or expense suffered during the training period. This release is intended to be broad and comprehensive, covering potential negligence, errors, or omissions by the released parties. The trainee also represents that they have adequate insurance to cover potential losses or injuries.
For a prospective Buns On Fire franchisee, this means that your managers will be required to sign this release before commencing training. It is important to ensure that your managers understand the implications of this agreement, including the potential waiver of rights to pursue claims against Buns On Fire or the restaurant owner for any injuries or losses incurred during training. Franchisees should also confirm that their managers have adequate insurance coverage as required by the agreement. Note that the FDD also states that some states do not allow the limitations on liability set forth in the agreement, so not all limitations may apply.