Under the Best Brains franchise agreement, who is included in the definition of 'Releasee'?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
- Release- Franchisee and all of Franchisee's guarantors, members, officers, directors, employees, agents, successors, assigns and affiliates fully and finally release and forever discharge Releasee, its past and present agents, employees, officers, directors, members, Franchisees, successors, assigns and affiliates (collectively "Released Parties") from any and all claims, actions, causes of action, contractual rights, demands, damages, costs, loss of services, expenses and compensation which Franchisee could assert against Released Parties or any of them up through and including the date of this Release.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, the term 'Releasee' encompasses a broad range of individuals and entities associated with Best Brains. Specifically, it includes Best Brains, Inc. itself, along with its past and present agents, employees, officers, directors, members, franchisees, successors, assigns, and affiliates. This definition is important because it identifies the parties that the franchisee (referred to as 'Releasor' in the document) releases from certain claims as part of the franchise agreement.
This release means that the franchisee agrees to give up their right to sue or make claims against the Releasee for various issues up to the date of the release. However, it's important to note that this release does not apply to liabilities arising under specific state franchise laws, such as those in California, Indiana, Maryland, Michigan, Minnesota, North Dakota, Rhode Island, and Washington. This ensures that franchisees retain their rights under these state laws, regardless of the general release provision.
Prospective Best Brains franchisees should carefully review Exhibit G, titled 'Release,' and understand the implications of this clause. It is advisable to consult with a legal professional to fully grasp the scope of the release and its potential impact on their rights and obligations as a franchisee. Understanding who is included in the definition of 'Releasee' is crucial for assessing the risks and benefits associated with the Best Brains franchise agreement.