Does the release by the Apricot Lane franchisee extend to family members?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
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 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to the 2025 Apricot Lane Franchise Disclosure Document, the sample general release agreement includes family members. Specifically, the release extends to the franchisee and owner, as well as their predecessors, shareholders, officers, directors, members, partners, owners, successors, assigns, affiliates, family members, heirs, executors, administrators, personal representatives, and anyone claiming through or under them, collectively referred to as the "Franchisee Parties."
This means that by signing the release, the franchisee and owner are not only releasing Apricot Lane from any claims they personally have, but also releasing Apricot Lane from claims that could be brought by their family members or other related parties. This is a broad release that covers any claims, demands, debts, obligations, damages, causes of action, or claims for relief of any nature whatsoever, whether known or unknown, that the Franchisee Parties might have against the Franchisor Parties.
Prospective Apricot Lane franchisees should carefully review this general release with their legal counsel to fully understand the scope of the release and its implications for themselves and their family members. It is important to understand what rights are being waived and to ensure that the release is appropriate for their specific circumstances. Franchisees should pay particular attention to Section 1542 of the Civil Code of the State of California, which is also being waived.