Does the Apricot Lane FDD include a sample of the General Release?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: RECEIPTS]
EXHIBIT H TO THE COUNTRY VISIONS, INC. DISCLOSURE DOCUMENT
SAMPLE GENERAL RELEASE
[THIS IS ONLY A FORM. IT MAY BE MODIFIED IN THE FUTURE TO ACCOUNT FOR CHANGES IN THE LAW OR HOW WE OPERATE, OR AS APPROPRIATE FOR YOUR SPECIFIC TRANSACTION. THE TERMS OF RELEASE MAY BE MADE PART OF ANOTHER DOCUMENT CONTAINING ADDITIONAL TERMS AND CONDITIONS RELATIVE TO YOUR RENEWAL OR TRANSFER.]
GENERAL RELEASE
- 1. Release and Covenant Not to Sue by Franchisee and Owner. Except as provided below in Section 3, Franchisee and Owner for themselves and for each of their respective predecessors, shareholders, officers, directors, members, partners, owners, successors, assigns, affiliates, family members, heirs, executors, administrators and personal representatives and anyone claiming through or under them (collectively the "Franchisee Parties"), hereby release, acquit and forever discharge Franchisor and its predecessors, successors, assigns, parent company, subsidiaries, affiliates, officers, directors, stockholders, employees, attorneys, accountants and other representatives (collectively the "Franchisor Parties") of and from any and all claims, demands, debts, obligations, damages, causes of action and claims for relief of any nature whatsoever (the "Claims"), whether relating to the Franchised Business or any other transaction, event, circumstance, act or omission, whether known or unknown, fixed or contingent, which the Franchisee Parties or any of them have against the Franchisor Parties by reason of any matter, event or cause whatsoever occurring or arising at any time prior to and including the Effective Date of this Release stated above. Franchisee and Owner, for themselves and on behalf of the other Franchisee Parties, further covenant not to sue any of the Franchisor Parties on any of the Claims released by this paragraph and represent that Franchisee and Owner have not assigned any of the Claims released by this paragraph to any individual or entity who is not bound by this paragraph.
- 2. Waiver of Civil Code Section 1542. Franchisee and Owner for themselves and for each of the Franchisee Parties acknowledge a familiarity with Section 1542 of the Civil Code of the State of
Source: Item 22 — CONTRACTS (FDD page 51)
What This Means (2025 FDD)
Yes, according to the 2025 Apricot Lane FDD, a sample of the General Release is included as Exhibit H. The document emphasizes that the provided form is a sample and may be modified in the future to reflect changes in the law, operational adjustments, or specific transaction requirements related to renewal or transfer agreements.
The General Release outlines the terms under which the franchisee and related parties release Apricot Lane and its affiliates from any claims, demands, debts, or liabilities. This release covers a broad range of issues, whether known or unknown, that may have occurred up to the effective date of the release. The franchisee also agrees not to sue Apricot Lane based on any claims released within the document.
Additionally, the General Release includes a waiver of California Civil Code Section 1542, indicating that the franchisee is knowingly relinquishing rights to claims that may be unknown at the time of signing the release. This is a standard legal clause used to ensure that the release is comprehensive and covers unforeseen issues.
Prospective Apricot Lane franchisees should carefully review the General Release with legal counsel to fully understand their rights and obligations before signing any agreement. Understanding the scope and implications of the release is crucial for making an informed decision about investing in an Apricot Lane franchise.