What is the relationship between the General Release and the Franchise Agreement for Boulder Designs?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
RELEASOR hereby releases and discharges RELEASEE, RELEASEE'S officers, directors, managers, agents, legal representatives, attorneys, shareholders, members, partners, owners and employees (in their corporate and individual capacities), and RELEASEE'S successors and assigns, from any and all causes of action, suits, arbitrations, debts, damages, judgments, executions, claims and demands whatsoever, in law or in equity, that RELEASOR and RELEASOR'S heirs, executors, administrators, successors and assigns had, now have or may have, upon or by reason of any matter, cause or thing whatsoever from the beginning of the world to the date of this RELEASE arising out of or related to the Franchise, the Franchised Business (as defined in the Franchise Agreement) or the Franchise Agreement, including, without limitation, claims arising under federal, state or local laws, rules or ordinances; and
RELEASEE hereby releases and discharges RELEASOR, RELEASOR'S officers, directors, managers, agents, legal representatives, attorneys, shareholders, members, partners, owners and employees (in their corporate and individual capacities), and RELEASOR'S successors and assigns, from any and all causes of action, suits, arbitrations, debts, damages, judgments, executions, claims and demands whatsoever, in law or in equity, that RELEASEE and RELEASEE'S heirs, executors, administrators, successors and assigns had, now have or may have, upon or by reason of any matter, cause or thing whatsoever from the beginning of the world to the date of this RELEASE arising out of or related to the Franchise, the Franchised Business (as defined in the Franchise Agreement) or the Franchise Agreement, including, without limitation, claims arising under federal, state or local laws, rules or ordinances.
This General Release shall not be amended or modified unless such amendment or modification is in writing and is signed by RELEASOR and RELEASEE.
The General Release does not apply with respect to claims arising under the Washington Franchise Investment Protection Act, RCW 19.100, and the rules adopted thereunder.
[the signature page is the following page]
Boulder Designs® 1 Exhibit H Franchise Disclosure Document | 2025
Source: Item 23 — RECEIPT (FDD pages 50–217)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the General Release is related to the Franchise Agreement. The General Release is listed as Exhibit H in the FDD, titled "General Release (Sample Form)." The General Release is a legal document where both the franchisee (RELEASOR) and Boulder Designs (RELEASEE) release each other from any and all claims, demands, and causes of action related to the franchise, the franchised business as defined in the Franchise Agreement, or the Franchise Agreement itself. This release covers all matters from the beginning of time up to the date of the release.
This means that by signing the General Release, a Boulder Designs franchisee waives their right to sue Boulder Designs for any past issues related to the franchise agreement, with a notable exception for claims arising under the Washington Franchise Investment Protection Act. Similarly, Boulder Designs waives its right to sue the franchisee. This mutual release is a common practice in franchising to ensure a clean break or to settle disputes.
The General Release specifies that it cannot be amended or modified unless the changes are in writing and signed by both the franchisee (RELEASOR) and Boulder Designs (RELEASEE). This requirement ensures that any changes to the release are documented and agreed upon by both parties, preventing future misunderstandings or disputes about the terms of the release. Prospective franchisees should carefully review the General Release with legal counsel to fully understand its implications before signing the Franchise Agreement.
It is important to note that the General Release does not apply to claims arising under the Washington Franchise Investment Protection Act, RCW 19.100, and the rules adopted thereunder. This means that franchisees in Washington State retain their rights under this specific law, regardless of the General Release. This exception highlights the importance of understanding state-specific franchise laws and how they interact with the franchise agreement and related documents.