Is a Buildingstars franchisee required to execute a general release of claims against Buildingstars as part of a transfer?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
The FRANCHISEE, including all officers, directors and shareholders (as well as all guarantors under this Agreement) must execute a general release, in the form which we approve, of any and all claims against BUILDINGSTARS, BUILDINGSTARS' Affiliates, and their respective officers, directors, employees and agents;
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2025 FDD)
According to Buildingstars' 2025 Franchise Disclosure Document, a franchisee is required to execute a general release of claims against Buildingstars as part of a transfer. Specifically, the franchisee, including all officers, directors, and shareholders, as well as any guarantors, must execute a general release in a form approved by Buildingstars. This release covers any and all claims against Buildingstars, its affiliates, and their respective officers, directors, employees, and agents.
This requirement means that if a Buildingstars franchisee wants to sell or transfer their franchise, they must sign a document releasing Buildingstars from any past, present, or future claims. This is a standard practice in franchising, designed to protect the franchisor from potential legal issues arising from the franchisee's operation of the business. The release ensures that the new franchisee starts with a clean slate and that Buildingstars is not held liable for any prior actions of the transferring franchisee.
For a prospective Buildingstars franchisee, this condition highlights the importance of understanding all aspects of the franchise agreement and maintaining a good relationship with Buildingstars. It also emphasizes the need to resolve any disputes or claims before considering a transfer, as the release will likely prevent any future legal action against Buildingstars. The franchisee should carefully review the release document with legal counsel to fully understand its implications before signing.
It is important to note that Buildingstars has the right to reasonably disapprove any transfer. Consent to one transfer does not waive Buildingstars' right to consent to subsequent transfers. This provision allows Buildingstars to maintain control over who becomes a franchisee and ensures that all transferees meet their established standards.