factual

Who is included in the definition of 'Franchisor Parties' that are released from claims by the Apricot Lane franchisee?

Apricot_Lane Franchise · 2025 FDD

Answer from 2025 FDD Document

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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. Franchisee and Owner are not deciding to make this Release predicated on any factual representations of Franchisor regarding the nature of the claims released or any other matters.

**3.

Source: Item 23 — RECEIPTS (FDD pages 51–222)

What This Means (2025 FDD)

According to Apricot Lane's 2025 Franchise Disclosure Document, the "Franchisor Parties" included in the general release are comprehensively defined. This release means that the franchisee agrees to not pursue legal claims against these parties.

The definition encompasses not only Apricot Lane itself but also extends to its predecessors, successors, and assigns. It further includes the parent company, subsidiaries, affiliates, officers, directors, stockholders, employees, attorneys, accountants, and other representatives. This broad scope ensures that various individuals and entities associated with Apricot Lane are protected from potential claims by the franchisee.

However, there are limitations to this release. Specifically, it excludes claims arising under the Maryland Franchise Registration and Disclosure Law, Article 33 of the General Business Law of the State of New York, and the Washington Franchise Investment Protection Act, RCW 19.100, including related rules. Additionally, the release does not limit or relieve any person from liability imposed by Minnesota Statutes, sections 80C.01 or 80C.22. This ensures that franchisees retain certain statutory rights and protections despite the general release.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.