Is a Sample General Release included as an exhibit to the Apricot Lane Franchise Disclosure Document?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
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
Source: Item 22 — CONTRACTS (FDD page 51)
What This Means (2025 FDD)
According to the 2025 Apricot Lane Franchise Disclosure Document, a Sample General Release is included as Exhibit H. The document emphasizes that this is only a sample form and may be modified in the future to account for changes in the law, how Apricot Lane operates, or as appropriate for a franchisee's specific transaction. The terms of the release may also be part of another document containing additional terms and conditions relative to a renewal or transfer.
The General Release outlines that the franchisee and owner, along with their predecessors, shareholders, officers, and other related parties, release Apricot Lane and its related parties from any and all claims, demands, debts, obligations, damages, causes of action, and claims for relief. This release covers any matter, event, or cause occurring or arising at any time prior to and including the effective date of the release. The franchisee and owner also agree not to sue any of the franchisor parties on any of the claims released by this paragraph and represent that they have not assigned any of the claims released by this paragraph to any individual or entity who is not bound by this paragraph.
The document also includes a waiver of Civil Code Section 1542, acknowledging familiarity with this section of the Civil Code of the State. In the California addendum provided as Exhibit F, it states that a franchisee must sign a general release of claims if they renew or transfer their franchise. However, it also notes that California Corporation Code Section 31512 voids a waiver of rights under the franchise investment law (California Corporations Code Section 31000 – 31516), and Business and Professions Code Section 20010 voids a waiver of rights under the Franchise Relations Act (Business and Professions Code Sections 20000 – 20043).