factual

What is the condition for the release of liability to Azal Coffee?

Azal_Coffee Franchise · 2024 FDD

Answer from 2024 FDD Document

  • Release. As a condition to our consent to your transfer to the Buyer, you release and forever discharge us and our representatives, owners, employees, officers, agents and assigns from all liability, right, claim, debt and cause of action whatsoever, known or unknown, suspected or unsuspected, which you ever had, now have or may have at any time based on any agreement entered into between the parties on or before the date of this Agreement or based on any act or omission occurring on or before the date of this Agreement; provided, that nothing contained in this Section will affect your rights and obligations under this Agreement.

Source: Item 22 — CONTRACTS (FDD page 51)

What This Means (2024 FDD)

According to Azal Coffee's 2024 Franchise Disclosure Document, a franchisee must release Azal Coffee from all liabilities, rights, claims, debts, and causes of action as a condition for the franchisor's consent to the franchisee's transfer of the franchise to a buyer. This release covers all matters, whether known or unknown, suspected or unsuspected, that the franchisee ever had, currently has, or may have in the future. The release is based on any agreement between the parties on or before the date of the transfer agreement or any act or omission occurring on or before that date.

However, this release does not affect the franchisee's rights and obligations under the transfer agreement itself. This means that while the franchisee releases Azal Coffee from past and present liabilities, the franchisee must still fulfill their duties as outlined in the transfer agreement.

This condition is typical in franchise agreements to ensure a clean break between the exiting franchisee and the franchisor, preventing future legal disputes related to the period of the franchisee's operation. Prospective franchisees should carefully consider this clause and consult with legal counsel to understand the full scope of the release and its implications for any potential claims they may have against Azal Coffee.

Disclaimer: This information is extracted from the 2024 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.