What claims are released by the Assignor Releasing Parties under the Belocal agreement?
Belocal Franchise · 2025 FDDAnswer from 2025 FDD Document
Assignor, for itself and on behalf of its guarantors, predecessors, parents, affiliates, subsidiaries, shareholders, members, partners, officers, directors, managers, employees, agents, representatives, attorneys, accountants, heirs, executors, administrators, family members, successors, and assigns, and all other persons acting on their behalf or claiming under them ("Assignor Releasing Parties"), hereby release, acquit, and forever discharge Franchisor, Franchisor's predecessors, parents, subsidiaries, and affiliates, and their present and former officers, directors, shareholders, partners, managers, members, agents, representatives, independent contractors, servants, employees, attorneys, accountants, guarantors, successors, and assigns, past and present, in their corporate and individual capacities, and all persons acting by, through, under or in concert with any of them ("Released Parties"), from all claims and damages whether known or unknown, which Assignor Releasing parties, or any of them, have, had, or claim to have against Released Parties, or any of them, including but not limited to claims arising out of or relating to the performance or non-performance of the Franchise Agreement or the relationships created thereby, this Agreement, and/or any other agreement between Assignor, Assignor's Principals, and/or entity owned in whole or in part by Assignor or Assignor's Principals on the one hand and Franchisor and/or any of its affiliates on the other hand. Excepted from this release are any contractual obligations under this Agreement, which remain in full force and effect.
[INCLUDE THE FOLLOWING SENTENCE FOR TRANSFERS IN WASHINGTON ONLY: The release in this Section 5 does not apply with respect to claims arising under the Washington Franchise Investment Protection Act, RCW 19.100, and the rules adopted thereunder.]
Source: Item 22 — CONTRACTS (FDD page 71)
What This Means (2025 FDD)
According to Belocal's 2025 Franchise Disclosure Document, the Assignor Releasing Parties release the Franchisor from all claims and damages, whether known or unknown. This release extends to the Franchisor's predecessors, parents, subsidiaries, and affiliates, as well as their present and former officers, directors, shareholders, partners, managers, members, agents, representatives, independent contractors, servants, employees, attorneys, accountants, guarantors, successors, and assigns. The release applies to these parties in both their corporate and individual capacities, and includes all persons acting by, through, under, or in concert with any of them.
The claims released include, but are not limited to, those arising out of or relating to the performance or non-performance of the Franchise Agreement, the relationships created by the agreement, the transfer agreement itself, and/or any other agreement between the Assignor, Assignor's Principals, and/or any entity owned in whole or in part by Assignor or Assignor's Principals on one hand, and the Franchisor and/or any of its affiliates on the other hand. However, any contractual obligations under the transfer agreement remain in full force and effect.
For transfers in Washington only, the release does not apply to claims arising under the Washington Franchise Investment Protection Act, RCW 19.100, and its rules. If the assignor is a California resident, they expressly waive rights under California Civil Code Section 1542, acknowledging they understand they are relinquishing claims they do not know or suspect to exist but which could materially affect their settlement with the debtor. By signing the agreement, the assignor acknowledges they have read and understand the release provisions, that their release is knowing and voluntary, and that they had the opportunity to consult with an attorney.