Does the 7 Brew franchisee represent that they have not assigned any released claims?
7_Brew Franchise · 2025 FDDAnswer from 2025 FDD Document
You, on behalf of yourself and the other Releasing Parties, further covenant not to sue any 7 BREW Party on any Claim released by this document and represent that you have not assigned any Claim released by this document to any individual or entity that is not bound by this document.
Source: Item 23 — RECEIPTS (FDD pages 83–279)
What This Means (2025 FDD)
According to 7 Brew's 2025 Franchise Disclosure Document, franchisees must represent that they have not assigned any claim released by the document to any individual or entity not bound by the document. This representation is part of a broader release of claims, where the franchisee agrees to release 7 Brew from various liabilities and covenants not to sue the company. This agreement covers claims arising from the performance of the Franchise Agreement, the grant of the franchise, or the relationship between the franchisee and 7 Brew.
This requirement means that a prospective 7 Brew franchisee must confirm they haven't transferred any potential legal claims against 7 Brew to a third party. This is to ensure that all claims are handled directly between the franchisee and 7 Brew, preventing third parties from later pursuing legal action based on the franchisee's initial claims. The franchisee also agrees not to sue 7 Brew on any claim released by the document.
However, it's important to note that this release of claims does not apply to claims arising under the Washington Franchise Investment Protection Act. Additionally, for franchisees based in California, there is a specific acknowledgment regarding Section 1542 of the Civil Code of the State of California, which pertains to claims unknown at the time of executing the release. Franchisees in California waive their rights under this section, acknowledging they are giving up potential claims they may be unaware of.
Prospective franchisees should carefully review the release of claims and covenant not to sue, understanding its implications before signing. Consulting with a legal professional is advisable to fully grasp the scope and impact of this representation and release, especially considering the exceptions for Washington franchisees and the specific waivers for California franchisees.