Where can the form of the agreement that each owner of an All County franchise must execute be found?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
- 22.1.1. Voluntary Termination Within 365 Days. Within three hundred sixty five (365) days of the Effective Date of the Agreement, you may elect to notify us in writing of your voluntarily election to terminate the Franchise Agreement. You acknowledge and agree that if you elect to voluntarily terminate the Agreement under this Section, then in reasonable and sufficient consideration of our costs and expenses incurred with you prior to you electing to terminate the Agreement and in allowing your voluntary termination of the Agreement, you must assign back to us in writing all franchise and other rights that you were granted under the Agreement with no other additional amounts payable from us to you. Additionally, you and your owners agree to comply in all respects with all the posttermination provisions of the Agreement, including, without limitation, the requirement that the you and your owners agree to execute general releases, in form satisfactory to us, of any and all claims against us and our shareholders, officers, directors, employees, agents, successors and assigns. Any general release required in the Franchise Agreement as a condition of renewal, sale, and/or assignment or transfer shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law.
Source: Item 23 — Receipts (FDD pages 43–157)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, the specific form of the general releases that franchisees and their owners must execute is not explicitly provided within Item 23. However, the FDD does state that these releases must be in a form satisfactory to All County. These releases are required under certain conditions, such as voluntary termination of the franchise agreement within 365 days of the effective date.
Specifically, in the event of a voluntary termination within the first year, franchisees must assign back all franchise rights and comply with post-termination provisions, including executing general releases. These releases cover any claims against All County and its affiliates. The FDD also notes an exception: any general release required in the Franchise Agreement as a condition of renewal, sale, and/or assignment or transfer shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law.
Since the exact form of the release is not included in Item 23, a prospective All County franchisee should request a sample copy of the general release from the franchisor during their due diligence. This will allow them to review the terms and conditions of the release with their legal counsel, ensuring they understand the scope of claims they would be waiving under different circumstances such as termination or transfer of the franchise.