Who does the RELEASOR release and discharge in the Boulder Designs General Release?
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
Source: Item 23 — RECEIPT (FDD pages 50–217)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, the RELEASOR in the General Release discharges the RELEASEE, along with a comprehensive list of related parties and entities. This includes the RELEASEE's officers, directors, managers, agents, legal representatives, attorneys, shareholders, members, partners, owners, and employees, acting in both their corporate and individual capacities. The release also extends to the RELEASEE's successors and assigns.
This means that the RELEASOR, by signing the General Release, agrees to waive any and all claims, legal actions, or demands against the RELEASEE and all of the aforementioned related parties. This waiver covers a broad spectrum of potential issues, encompassing any cause of action, suits, arbitrations, debts, damages, judgments, executions, claims, and demands, whether based in law or equity. The scope of this release is extensive, spanning from the beginning of time to the date of the release, and pertains to matters arising out of or related to the franchise, the franchised business, or the Franchise Agreement itself.
It is important to note that this release includes claims arising under federal, state, or local laws, rules, or ordinances, indicating a comprehensive relinquishment of legal rights. However, the General Release explicitly states that it does not apply to claims arising under the Washington Franchise Investment Protection Act, RCW 19.100, and its associated rules. This carve-out provides a specific exception to the broad release, preserving the RELEASOR's rights under Washington state franchise law.
Prospective Boulder Designs franchisees should carefully review the General Release with legal counsel to fully understand the implications of waiving potential claims against the franchisor and related parties. Understanding the scope and limitations of the release is crucial before signing any franchise agreement.