Under what circumstances would an All Team franchisee be required to sign the General Release?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
The FRANCHISEE, including all officers, directors and shareholders (as well as all guarantors under this Agreement) must execute a general release, in the form which ATFC approve, of any and all claims against ATFC, ATFC's affiliates, and their respective officers, directors employees and agents, to the extent permitted by law;
MINNESOTA RULES 2860.4400(D) prohibits a franchisor from requiring a franchisee to assent to a general release.
Source: Item 22 — CONTRACTS (FDD pages 33–34)
What This Means (2025 FDD)
According to All Team's 2025 Franchise Disclosure Document, a franchisee is required to sign a general release under specific circumstances related to the transfer of the franchise. Specifically, if an All Team franchisee seeks to transfer ownership of their franchise to a new owner, the franchisee, including all officers, directors, and shareholders, as well as any guarantors, must execute a general release. This release, in a form approved by All Team, covers any and all claims against All Team, its affiliates, and their respective officers, directors, employees, and agents, to the extent permitted by law.
This requirement ensures that All Team is protected from potential future claims arising from the previous franchisee's operation of the business. It is a condition that must be met before All Team will approve the transfer of the franchise to a new owner. The new franchisee must also meet several other requirements, including governmental compliance, prior compliance with the existing franchise agreement, satisfaction of all obligations to All Team, meeting the standards for new franchisees, executing a new franchise agreement, paying a transfer fee, assuming all liabilities, completing the initial training program, and updating the agency to current standards.
However, the FDD also notes that Minnesota Rules 2860.4400(D) prohibits All Team from requiring a franchisee to assent to a general release if the franchise is governed by Minnesota law. Therefore, the requirement to sign a general release may not be enforceable in Minnesota. Prospective franchisees should carefully review the franchise agreement and any applicable state laws to understand their rights and obligations regarding the general release.