Is a general release required from the transferring owners to 1 800 Packouts during a franchise transfer?
1_800_Packouts Franchise · 2025 FDDAnswer from 2025 FDD Document
- (6) you and your transferring Owners have executed a general release, in a form satisfactory to us, of any and all claims against us and our affiliates and our and their shareholders, officers, directors, employees and agents;
Source: Item 23 — RECEIPT (FDD pages 67–238)
What This Means (2025 FDD)
According to 1 800 Packouts's 2025 Franchise Disclosure Document, a general release is required from the transferring owners to 1 800 Packouts during a franchise transfer. Specifically, before a franchise can be transferred, the transferring owners must execute a general release, in a form satisfactory to 1 800 Packouts, of any and all claims against 1 800 Packouts, its affiliates, and their respective shareholders, officers, directors, employees, and agents. This requirement is one of several conditions that must be met for a transfer to be approved.
This means that as part of the transfer process, the franchisee and their transferring owners must sign a document releasing 1 800 Packouts from any potential legal claims they may have. This is a fairly standard practice in franchising, designed to protect the franchisor from future liabilities related to the transferred franchise. The release must be in a form that 1 800 Packouts finds satisfactory, giving them control over the scope and terms of the release.
However, certain states have laws that may limit the applicability of such general releases. For instance, the FDD includes riders for New York, Maryland, Minnesota, and North Dakota that address releases in the context of franchise agreements. In Maryland, any general release signed as a condition to transfer will not apply to claims arising under the Maryland Franchise Registration and Disclosure Law. Similarly, in Minnesota and North Dakota, any release required as a condition of transfer will not apply to the extent prohibited by the Minnesota Franchises Law or the North Dakota Franchise Investment Law, respectively. Therefore, franchisees should be aware of the specific laws in their state that may affect the enforceability of these releases.