What is the purpose of the Release of Claims agreement between All County and the franchisee?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
_______________________________ Dated:___________________________________________
ALL COUNTY®
EXHIBIT E TO THE FRANCHISE DISCLOSURE DOCUMENT
COPY OF CURRENT FORM OF GENERAL RELEASE
RELEASE OF CLAIMS
THIS IS A CURRENT FORM THAT IS SUBJECT TO CHANGE OVER TIME.
| For and in consideration of the Agreements and covenants described below, All County Property Management Franchise Corp. ("All County") and ("Franchisee") enter into this Release of Claims ("Agreement"). |
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| RECITALS |
| A. All County and Franchisee entered into an All County Franchise Agreement dated, |
| B. [NOTE: Describe the circumstances relating to the release.] |
| C. Subject to and as addressed with greater specificity in the terms and conditions set forth below, All County and |
| Franchisee now desire to settle any and all disputes that may exist between them relating to the Franchise Agreement. |
| AGREEMENTS |
| 1. Consideration. [NOTE: Describe the consideration paid.] |
- Release of Claims by All County. In consideration of, and only upon full payment of $__________ to All County, and the other terms and conditions of this Agreement, the receipt and sufficiency of which is hereby acknowledged, All County, for itself and for each of its affiliated corporations, subsidiaries, divisions, insurers, indemnitors, attorneys, successors, and assigns, together with all of its past and present directors, officers, employees, attorneys, agents, assigns and representatives does hereby release and forever discharge Franchisee and each of his heirs, executors, successors, and assigns of and from any and all actions, suits, proceedings, claims (including, but not limited to, claims for attorney's fees), complaints, judgments, executions, whether liquidated or unliquidated, known or unknown, asserted or unasserted, absolute or contingent, accrued or not accrued, disclosed or undisclosed, related to the Franchise Agreement. This release does not release Franchisee from any obligations he may have under this Agreement.
2-3. [NOTE: Detail other terms and conditions of the release.]
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- Release of Claims by Franchisee. In consideration of the other terms and conditions of this Agreement, the receipt and sufficiency of which is hereby acknowledged, Franchisee, for himself and for each of his heirs, executors, administrators, insurers, attorneys, agents, representatives, successors, and assigns, does hereby release and forever discharge All County and each of its respective affiliated corporations, subsidiaries, divisions, insurers, indemnitors, attorneys, successors, and assigns, together with all of their past and present directors, officers, employees, attorneys, agents, assigns and representatives in their capacities as such, of and from any and all actions, suits, proceedings, claims (including, but not limited to, claims for attorney's fees), complaints, charges, judgments, executions, whether liquidated or unliquidated, known or unknown, asserted or unasserted, absolute or contingent, accrued or not accrued, related to the Franchise Agreement.
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- Reservation of Claims Against Non-Settling Parties. All County and Franchisee expressly reserve their right and claims against any non-settling persons, firms, corporations, or other entities for whatever portion or percentage their damages are found to be attributable to the wrongful conduct of said non-settling parties.
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- Entire Agreement. This Agreement constitutes the entire agreement between the parties relative to the subject matter contained herein, and all prior understandings, representations and agreements made by and between the parties relative to the contents contained in this Agreement are merged into this Agreement.
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- Voluntary Nature of Agreement. The parties acknowledge and agree that they have entered into this Agreement voluntarily and without any coercion. The parties further represent that they have had the opportunity to consult with an attorney of their own choice, that they have read the terms of this Agreement, and that they fully understand and voluntarily accept the terms.
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- Governing Law and Jurisdiction. This Agreement will be construed and enforced in accordance with the law of the State of Florida.
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- Attorneys' Fees. All rights and remedies under this Agreement shall be cumulative and none shall exclude any other right or remedy allowed by law. In the event of a breach of this Agreement that requires one of the parties to enforce the terms and conditions of this Agreement, the non-prevailing party shall pay the prevailing party's attorneys' fees and costs incurred by reason of the breach.
All County Property Management Franchise Corp.
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, the Release of Claims agreement is designed to settle any and all disputes that may exist between All County and the franchisee relating to the Franchise Agreement. This agreement involves both All County releasing the franchisee from potential claims and the franchisee releasing All County from potential claims.
Specifically, All County, upon receiving full payment of an unspecified amount, releases the franchisee from any actions, suits, proceedings, or claims related to the Franchise Agreement. However, this release does not absolve the franchisee of their existing obligations under the agreement. Similarly, the franchisee releases All County from any actions, suits, proceedings, or claims related to the Franchise Agreement, considering the other terms and conditions outlined in the agreement.
Both All County and the franchisee retain their rights and claims against non-settling third parties for damages attributable to those parties' wrongful conduct. The agreement constitutes the entire understanding between the parties regarding the subject matter, superseding any prior agreements or representations. Both parties acknowledge entering into the agreement voluntarily and with the opportunity to consult with an attorney, confirming their understanding and acceptance of the terms.
It is important to note that for franchises in Maryland, certain provisions apply specifically under the Maryland Franchise Registration and Disclosure Law. Any general release required in the Franchise Agreement as a condition of renewal, sale, assignment, or transfer does not apply to any liability under the Maryland Franchise Registration and Disclosure Law. Additionally, any claims arising under this law must be brought within 3 years after the grant of the Franchise Agreement, and no statement or acknowledgment can waive claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by All County or its representatives.