Under the All County Franchise Agreement, what parties are released from claims by the franchisee?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
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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.
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to the 2025 All County Franchise Disclosure Document, the franchisee releases All County and its affiliated entities from various claims. This release extends to All County's affiliated corporations, subsidiaries, divisions, insurers, indemnitors, attorneys, successors, and assigns. It also includes all of their past and present directors, officers, employees, attorneys, agents, assigns, and representatives in their capacities as such.
The scope of the release covers any and all actions, suits, proceedings, claims (including attorney's fees), complaints, charges, judgments, and executions related to the Franchise Agreement. These claims encompass both liquidated and unliquidated, known and unknown, asserted and unasserted, absolute and contingent, and accrued or not accrued claims.
However, both All County and the franchisee retain their rights and claims against any non-settling parties for damages attributable to the wrongful conduct of those non-settling parties. This ensures that while the franchisee releases All County and its related parties, they can still pursue claims against other entities that may be responsible for damages. This agreement is considered the entire agreement between the parties, entered into voluntarily and with the opportunity for legal consultation.