Does the General Release for Amerispec Inspection Services cover claims that are unknown or unsuspected?
Amerispec_Inspection_Services Franchise · 2025 FDDAnswer from 2025 FDD Document
known by him or her, would have materially affected his or her settlement with the debtor or released party.
This waiver extends to any other statute or common law principle of similar effect in any applicable jurisdiction, including without limitation, California and or any other jurisdiction in which the Releasors reside. Franchisee, Transferee, and Owners (on behalf of all Releasors) acknowledge and represent that they have each consulted with legal counsel before executing this release and that they understand its meaning, including the effect of Section 1542 of the California Civil Code, and expressly consent that this release shall be given full force and effect according to each and all of its express terms and provisions, including, without limitation, those relating to the release of unknown and unsuspected claims, demands, and causes of action.
- 7. Claims Under Washington Franchise Investment Protection Act. This Release shall not apply to any Claims arising under the Washington Franchise Protection Act, RCW 19.100, and the rules adopted thereunder.
- 8. Successors and Assigns. This Release will inure to the benefit of and bind the successors, assigns, heirs, and personal representatives of the Released Parties and each Releasor.
- 9. Counterparts. This Release may be executed in two or more counterparts (including by scanned copy), each of which shall be deemed an original, and all of which shall constitute one and the same instrument.
Source: Item 23 — Receipts (FDD pages 47–172)
What This Means (2025 FDD)
According to the 2025 Amerispec Inspection Services Franchise Disclosure Document, the General Release does cover unknown or unsuspected claims. Specifically, the document mentions that the waiver extends to any statute or common law principle of similar effect in any applicable jurisdiction, including California.
The FDD states that Franchisee, Transferee, and Owners acknowledge they have consulted with legal counsel before executing the release and understand its meaning, including the effect of Section 1542 of the California Civil Code. They expressly consent that the release shall be given full force and effect according to its terms, including those relating to the release of unknown and unsuspected claims, demands, and causes of action.
However, the release does not apply to any claims arising under the Washington Franchise Protection Act, RCW 19.100, and the rules adopted thereunder. This means that if a claim arises under this specific Washington state law, the general release will not prevent the franchisee from pursuing that claim. Prospective franchisees should carefully review the release and consult with legal counsel to fully understand its implications and any potential limitations, especially regarding claims in Washington state.