Which sections of the Auntie Annes franchise agreement survive the expiration, termination, or transfer of the agreement?

According to Auntie Annes's 2024 Franchise Disclosure Document, the General Release related to assignment or renewal of the franchise agreement includes a clause specifying that it survives 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. This means that even after the franchise agreement is assigned to a new franchisee or renewed for an additional term, the terms of the general release remain in effect.

This survival clause is significant because it ensures that the release of claims against Auntie Annes remains valid even after changes in the franchise ownership or agreement. The release covers a broad range of potential claims, including those arising under federal, state, and local laws. However, it explicitly states that it does not waive rights that cannot be waived under applicable state franchise laws, nor does it relieve Auntie Annes from liability imposed by the Maryland Franchise Registration and Disclosure Law.

For a prospective Auntie Annes franchisee, this means that any release signed as part of an assignment or renewal will continue to bind them even after the franchise changes hands or the agreement is extended. It is important for franchisees to carefully review the terms of any general release to understand the scope of the claims being released and to ensure that their rights are adequately protected, especially in light of state-specific franchise laws.