What entities are released from claims by the franchisee (or developer) in the Bb.Q Chicken franchise agreement?
Bb_Q_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
- Franchisee and Franchisee's Principal(s) do, for themselves and their successors and assigns, (a) hereby release and forever discharge generally Franchisor and any affiliate, wholly owned or controlled limited liability company, subsidiary, successor or assign thereof and any shareholder, officer, director, employee, agent, executor, administrator, estate, trustee or heir of any of them (the "Released Franchisor Party"), from any and all claims, demands, damages, injuries, agreements and contracts, indebtedness, accounts of every kind or nature, whether presently known or unknown, suspected or unsuspected, disclosed or undisclosed, actual or potential, which Franchisee or Franchisee's Principal(s) may now have, or may hereafter claim to have or to have acquired of whatever source or origin, arising out of or related to any and all transactions of any kind or character at any time prior to and including the date hereof, including generally any and all claims at law or in equity, those arising under the common law or state or federal statutes, rules or regulations such as, by way of example only, franchising, securities and antitrust statutes, rules or regulations, in any way arising out of or connected with the Franchise Agreement or this General Release, and further promises never from this day forward, directly or indirectly, to institute, prosecute, commence, join in, or generally attempt to assert or maintain any action thereon against any Released Franchisor Party, in any court or tribunal of the United States of America, any state thereof, or any other jurisdiction for any matter or claim arising before execution of this General Release.
In the event Franchisee or Franchisee's Principal(s) breaches any of the promises, covenants, or undertakings made herein by any act or omission, Franchisee and Franchisee's Principal(s) shall pay, by way of indemnification, all costs and expenses of any Released Franchisor Party caused by the act or omission, including reasonable attorneys' fees and costs.
Source: Item 23 — RECEIPTS (FDD pages 62–283)
What This Means (2025 FDD)
According to the 2025 Bb.Q Chicken Franchise Disclosure Document, the franchisee and their principals release and forever discharge the 'Released Franchisor Party' from all claims, demands, damages, injuries, agreements, contracts, indebtedness, and accounts of every kind or nature. This release covers both known and unknown, suspected or unsuspected, disclosed or undisclosed, actual or potential claims that the franchisee or their principals may have. These claims can arise from any transactions before the date of the release, including those at law or in equity, under common law, or state or federal statutes, rules, or regulations, such as franchising, securities, and antitrust laws. The release specifically includes claims connected with the Franchise Agreement or the General Release itself.
The 'Released Franchisor Party' includes Bb.Q Chicken Franchisor and any affiliate, wholly owned or controlled limited liability company, subsidiary, successor, or assign. It also encompasses any shareholder, officer, director, employee, agent, executor, administrator, estate, trustee, or heir of any of them. This means the release extends broadly to cover not only the main Bb.Q Chicken franchising entity but also its related companies and individuals associated with it.
The franchisee and their principals also promise never to institute, prosecute, commence, join in, or attempt to assert or maintain any action against any Released Franchisor Party in any court or tribunal in the United States or any other jurisdiction for any matter or claim arising before the execution of the General Release. If the franchisee or their principals breach any of these promises, covenants, or undertakings through any act or omission, they must indemnify all costs and expenses of any Released Franchisor Party caused by the act or omission, including reasonable attorneys' fees and costs. This indemnification clause ensures that Bb.Q Chicken and its related parties are protected from any legal actions or costs resulting from breaches by the franchisee or their principals.