Which sections of the Auntie Annes franchise agreement survive expiration, termination, or transfer?
Auntie_Annes Franchise · 2024 FDDAnswer from 2024 FDD Document
This General Release shall survive the assignment or renewal of the Auntie Anne's Franchise Agreement or any other documents entered into by and between AUNTIE ANNE'S FRANCHISOR SPV LLC and any of the undersigned in connection with the franchise relationship.
Source: Item 22 — CONTRACTS (FDD page 106)
What This Means (2024 FDD)
According to Auntie Anne's 2024 Franchise Disclosure Document, the General Release signed during the assignment or renewal of the franchise agreement survives the assignment or renewal. This means that even after the agreement is assigned to a new franchisee or renewed for an existing one, the release remains in effect, protecting Auntie Anne's from potential claims related to the franchise relationship up to the date of the release.
The General Release covers a broad range of potential claims, including those arising from federal, state, and local laws. However, it specifically excludes rights that cannot be waived under applicable state franchise laws, such as the Maryland Franchise Registration and Disclosure Law. This ensures that franchisees retain certain legal protections even after signing the release.
For a prospective Auntie Anne's franchisee, this means that upon assignment or renewal, they are releasing Auntie Anne's from potential liabilities. It is important to carefully review the terms of the General Release and understand its implications before signing. Franchisees should also be aware of any state-specific laws that may affect the enforceability of the release.