In the Bens Soft Pretzels sample release, what claims does the franchisee release the franchisor from?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
- Release of Claims by Franchisee. In consideration of the other terms and conditions of this Agreement, the receipt and sufficiency of which is hereby acknowledged, Franchisee, for himself and for each of his heirs, executors, administrators, insurers, attorneys, agents, representatives, successors, and assigns, does hereby release and forever discharge Franchisor and each of its respective affiliated corporations, subsidiaries, divisions, insurers, indemnitors, attorneys, successors, and assigns, together with all of their past and present directors, officers, employees, attorneys, agents, assigns and representatives in their capacities as such, of and from any and all actions, suits, proceedings, claims (including, but not limited to, claims for
attorney's fees), complaints, charges, judgments, executions, whether liquidated or unliquidated, known or unknown, asserted or unasserted, absolute or contingent, accrued or not accrued, related to the Franchise Agreement.
Source: Item 23 — RECEIPTS (FDD pages 47–191)
What This Means (2025 FDD)
According to the 2025 FDD, the sample release agreement for Bens Soft Pretzels outlines the claims a franchisee releases the franchisor from. Specifically, the franchisee releases Bens Soft Pretzels from any and all actions, suits, proceedings, claims (including attorney's fees), complaints, charges, judgments, and executions. These claims encompass all possible legal issues, whether they are already known or unknown, asserted or unasserted, absolute or contingent, and accrued or not accrued, as long as they relate to the Franchise Agreement.
This release is a comprehensive waiver of potential legal actions a franchisee might bring against Bens Soft Pretzels. It covers a broad spectrum of possible claims, ensuring that once the release is signed, the franchisee cannot pursue legal action against the franchisor regarding the Franchise Agreement. This is a standard practice in franchising to provide legal closure when settling disputes or terminating agreements.
However, it's important to note that in Washington state, the general release does not apply to claims arising under the Washington Franchise Investment Protection Act. This means that franchisees in Washington retain their rights under this specific law, regardless of the release agreement. Prospective franchisees should carefully review the release agreement with legal counsel to fully understand its implications and any exceptions that may apply in their specific jurisdiction.