Does the general release in the Apricot Lane FDD cover claims relating to any transaction?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
7 | Import Manager & Spreadsheets | 20 | | 08 | Employee Administration & Time Clock | 17 | | 09 | Special Procedures | 53 | | 10 | Troubleshooting POSIM | 10 | | | Total Pages | 310 |
SUPPLEMENTAL HANDOUTS FOR CRM
| | Total Pages | 35 | |----|--------------------------------------|----| | E. | SVS Gift Card instructions Page 2 | 1 | | D. | SVS Gift Card Instructions Page 1 | 1 | | C. | Offsite Events – EVO Remote Sales | 3 | | B. | Internet Down – Sales Procedures | 6 | | A. | After Hours POSIM Procedures | 1 |
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
California and hereby expressly waive and relinquish any rights or benefits available under the provisions of Section 1542 of the California Civil Code or any similar law of any state that provides for the survival of claims notwithstanding a general release. Civil Code Section 1542 provides as follows:
A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
Franchisee and Owner understand this statutory language, and notwithstanding this or any similar statute, Franchisee and Owner freely elect to specifically waive these rights and hereby do release the Franchisor Parties from all claims whether known or unknown. Franchisee and Owner understand that if the facts relied upon in making this Release are discovered hereafter to be other than or different from the facts now believed to be true, or if additional facts are discovered, Franchisee and Owner expressly accept the risk of such possible different or additional facts and agrees that this Release and waiver shall remain effective notwithstanding any such discoveries.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to the 2025 Apricot Lane FDD, the general release includes claims relating to the franchised business or any other transaction. Specifically, the release covers all claims, demands, debts, obligations, damages, causes of action, and claims for relief, whether related to the franchised business or any other transaction, event, circumstance, act, or omission. This encompasses both known and unknown issues that may arise before the effective date of the release.
The release extends to the franchisee and their predecessors, shareholders, officers, directors, members, partners, owners, successors, assigns, affiliates, family members, heirs, executors, administrators, personal representatives, and anyone claiming through them. It discharges Apricot Lane and its predecessors, successors, assigns, parent company, subsidiaries, affiliates, officers, directors, stockholders, employees, attorneys, accountants, and other representatives from any liabilities. The franchisee also agrees not to sue Apricot Lane on any of the released claims and confirms that they have not assigned these claims to any individual or entity not bound by the release.
Additionally, the FDD mentions that the franchisee and owner acknowledge familiarity with and waive their rights under Section 1542 of the California Civil Code, which typically protects against releasing claims unknown at the time of signing the release. However, this release has some limitations, as it expressly excludes claims arising under the franchise laws of Maryland, New York, and Washington, and does not limit liabilities imposed by Minnesota Statutes sections 80C.01 or 80C.22.