What claims are excluded from the general release for a 1-800-GOT-JUNK? franchise?
1_800_Got_Junk Franchise · 2025 FDDAnswer from 2025 FDD Document
(collectively, "RELEASEE") from any and all actions, causes of actions, suits, debts, liens, agreements, accounts, promises, liabilities, judgments, demands, losses, cost or expense, of any nature whatsoever, in law or equity, whether known or unknown, suspected or unsuspected, claimed or concealed, fixed or contingent, relating to any events or circumstances existing from the beginning of time through the date this Release is executed, which the RELEASOR, its heirs, executors, administrators, successors and assigns does have or hereafter can, shall or may have against the RELEASEE for, upon, or by reason of any matter, cause or thing whatsoever from the beginning of the world to the day of the date of this RELEASE, except for any claims that may arise under the Maryland Franchise Registration and Disclosure Law.
This RELEASE may not be changed orally.
This RELEASE does not apply with respect to claims arising under the Washington Franchise Investment Protection Act, RCW 19.100, and the rules adopted thereunder.
Source: Item 23 — Receipt (FDD pages 56–263)
What This Means (2025 FDD)
According to the 2025 FDD, the general release for a 1-800-GOT-JUNK? franchise does not apply to claims arising under the Washington Franchise Investment Protection Act, RCW 19.100, and its rules. Additionally, the release does not apply to claims that may arise under the Maryland Franchise Registration and Disclosure Law.
In practical terms, this means that if a 1-800-GOT-JUNK? franchisee is located in Washington or Maryland, certain legal protections and rights under those states' franchise laws are preserved, even if the franchisee signs a general release. The franchisee can still pursue claims against 1-800-GOT-JUNK? under these specific state laws, notwithstanding the general release.
It is important for prospective 1-800-GOT-JUNK? franchisees to understand these exceptions, especially if they are considering operating a franchise in Washington or Maryland. They should consult with a legal professional to fully understand their rights and obligations under the franchise agreement and applicable state laws. The exhibit also lists the state effective dates for franchise laws that require the Franchise Disclosure Document to be registered or filed with the state, or be exempt from registration, which may be relevant to a franchisee's legal rights.