Under the Buns On Fire Guaranty, what is the effect of the release from liability of the franchisee?
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, the "Training Completion Agreement and Release" requires franchisees, investors, or managers in training to release and indemnify Buns On Fire, restaurant owners, and their affiliates from liability for any loss, injury, damage, cost, or expense incurred during training visits, inspections, or work. This release is intended to be comprehensive, covering liabilities resulting from negligence or omissions by the released parties.
However, the FDD also notes that some states do not allow such broad limitations on liability, meaning these limitations may not fully apply in those jurisdictions. Specifically, for franchises located in Maryland or granted to Maryland residents, the general release does not apply to liabilities under the Maryland Franchise Registration and Disclosure Law.
This means that while Buns On Fire seeks to protect itself from potential liabilities arising from training activities, the enforceability of these releases can vary by state. Prospective franchisees should be aware of the specific laws in their state and consult with legal counsel to understand the full extent of their rights and obligations under the franchise agreement and applicable state laws.