Does the waiver of liability in the Amerispec Inspection Services agreement extend to the Company's officers?
Amerispec_Inspection_Services Franchise · 2025 FDDAnswer from 2025 FDD Document
- 16.2.4.7 The Franchisee and each of its owners and/or affiliates, and the assignee (and each owner and/or affiliate of the assignee) shall execute a general release of the Company and its officers and directors in form and substance satisfactory to the Company; and
Source: Item 23 — Receipts (FDD pages 47–172)
What This Means (2025 FDD)
According to the 2025 Amerispec Inspection Services Franchise Disclosure Document, a general release of liability extends to the company and its officers and directors. Specifically, if a franchisee transfers their franchise to another party, both the franchisee and the new assignee must execute a general release. This release must be satisfactory in form and substance to Amerispec Inspection Services.
This requirement means that if a franchisee decides to sell their franchise, they must waive any potential legal claims against Amerispec Inspection Services, its officers, and directors as a condition of the sale. The incoming franchisee (assignee) must also agree to this release. This is a standard practice to protect the franchisor from future liabilities related to the transferred franchise.
For a prospective Amerispec Inspection Services franchisee, this clause highlights the importance of understanding all potential claims they might have against the company before considering a transfer. It also emphasizes the need to conduct thorough due diligence before purchasing a franchise from an existing franchisee, as they too will be bound by this release. Franchisees should seek legal counsel to fully understand the implications of such a release before signing any agreements.