Who does the Big Frog Custom T Shirts More franchisee release from claims?
Big_Frog_Custom_T_Shirts_More Franchise · 2024 FDDAnswer from 2024 FDD Document
TNESS: SELLER: _________________________________ Name:
EXHIBIT H
GENERAL RELEASE
, , with its principal place of business located at a(n) ("Franchisee") and 's principals , an individual residing at and ("Principal(s)"). "Franchisee Released Claims"). RELEASORS WAIVE ANY RIGHTS THEREOF WHICH WOULD INVALIDATE and hold harmless each of Franchisor Releasees against same. Franchisee and Principal(s), on behalf of themselves and their respective officers, directors, employees, successors, assigns, heirs, personal representatives, and all other persons acting on their behalf or claiming under them (collectively, the "Franchisee Releasors"), hereby release, discharge and hold harmless Big Frog Custom T-Shirts, Inc. ("Franchisor") and Franchisor's affiliates, officers, directors, members, shareholders, employees, agents, attorneys, successors, and assigns (collectively, the "Franchisor Releasees") from any suits, claims, controversies, rights, promises, debts, liabilities, demands, obligations, costs, expenses, actions, and causes of action of every nature, character and description, in law or in equity, whether presently known or unknown, vested or contingent, suspected or unsuspected arising under, relating to, or in connection with the Franchise Agreement datedbetween Franchisee and Franchisor and any related agreements and the relationship created thereby, or the Franchised Business operated under the Franchise Agreement, or any claims or representations made relative to the sale of the franchise to operate such Franchised Business or under any federal or state franchise or unfair or deceptive trade practice laws, which any of the Franchisee Releasors now own or hold or have at any time heretofore owned or held against the Franchisor Releasees (collectively, the FRANCHISEE AND PRINCIPAL(S) ON BEHALF OF THEMSELVES AND THE FRANCHISEE AND BENEFITS CONFERRED BY ANY APPLICABLE PROVISION OF LAW EXISTING UNDER ANY FEDERAL, STATE OR POLITICAL SUBDIVISION ALL OR ANY PORTION OF THE RELEASE CONTAINED HEREIN BECAUSE SUCH RELEASE MAY EXTEND TO CLAIMS WHICH THE FRANCHISEE RELEASORS DO NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTION OF THIS AGREEMENT. The Franchisee Releasors also covenant not to bring any suit, action, or proceeding, or make any demand or claim of any type, against any Franchisor Releasees with respect to any Franchisee Released Claim, and Franchisee and Principal(s) shall defend, indemnify Release given this day of FRANCHISEE (Entity): FRANCHISEE (Principal):
EXHIBIT I
FRANCHISEE ACKNOWLEDGEMENT STATEMENT
FRANCHISEE ACKNOWLEDGEMENT STATEMENT
*NOT FOR USE IN CALIFORNIA, MARYLAND AND WASHINGTON
Do not sign this Acknowledgment Statement if you are a resident of Maryland or the business is to be operated in Maryland.
Acknowledgement of the truthfulness of the statements below are an inducement for the Franchisor to enter into a Franchise Agreement. Notify Franchisor immediately, prior to acknowledgment, if any statement below is incomplete or incorrect.
Source: Item 23 — RECEIPTS (FDD pages 46–171)
What This Means (2024 FDD)
According to the 2024 Franchise Disclosure Document, a Big Frog Custom T Shirts More franchisee, along with their officers, directors, employees, successors, assigns, heirs, personal representatives, and anyone acting on their behalf, releases Big Frog Custom T-Shirts, Inc. (the franchisor). The release extends to the franchisor's affiliates, officers, directors, members, shareholders, employees, agents, attorneys, successors, and assigns. This means the franchisee agrees to not pursue any claims against these parties.
The claims waived by the Big Frog Custom T Shirts More franchisee include any suits, claims, controversies, rights, promises, debts, liabilities, demands, obligations, costs, expenses, actions, and causes of action, whether known or unknown, related to the Franchise Agreement, the franchised business, or the sale of the franchise. This waiver covers claims arising under federal or state franchise or unfair trade practice laws. The franchisee also agrees not to bring any legal action against the franchisor regarding these released claims.
This release includes a waiver of rights that would invalidate the release and holds the franchisor harmless. However, this release does not apply to any claims arising from representations made by Big Frog Custom T Shirts More in their Franchise Disclosure Document received by the franchisee. This ensures that the franchisee retains the right to pursue claims based on misrepresentations in the FDD itself.
In addition to the above, by executing the franchise agreement, the franchisee and any principal, individually and on behalf of the franchisee's and such principal's successors and assigns, release and discharge Big Frog Custom T-Shirts, Inc., and any parent company, subsidiaries, divisions, affiliates, successors, and the foregoing entities' directors, agents, shareholders, successors, designees from any and all claims, demands and judgments relating to or arising under the statements, conduct, claims or any other agreement between the parties executed prior to the date of the franchise agreement, including, but not limited whether presently known or unknown, suspected or unsuspected, arising under the franchise, securities, laws of the United States or of any state or territory thereof.