Who does the Developer release and discharge from claims, demands, and judgments relating to agreements executed prior to the Baya Bar agreement?

According to Baya Bar's 2024 Franchise Disclosure Document, by executing the Development Agreement, the developer, along with their heirs, legal representatives, successors, and assigns, releases and discharges Baya Bar Franchise Systems, LLC, Baya Bar, LLC, and their parent company, subsidiaries, divisions, affiliates, successors, assigns, and designees. This also includes the foregoing entities' directors, officers, employees, agents, shareholders, successors, designees, and representatives.

This release covers any and all claims, demands, and judgments relating to or arising under statements, conduct, claims, or any other agreement between the parties executed before the date of the Development Agreement. This encompasses all claims, whether known or unknown, suspected or unsuspected, arising under franchise, securities, tax, or antitrust laws of the United States or any state or territory.

However, this release does not apply to any claims arising from representations made by Baya Bar in its Franchise Disclosure Document (FDD) that the developer received. This means that while the developer waives rights to claims based on prior agreements, they retain the right to pursue claims based on misrepresentations within the FDD itself. This is a standard clause in franchise agreements, intended to provide clarity and prevent disputes based on previous understandings while ensuring the franchisee can rely on the FDD.