factual

Does the Burneys Sweets More franchisee release the Franchisor from all claims?

Burneys_Sweets_More Franchise · 2025 FDD

Answer from 2025 FDD Document

parents, affiliates, and subsidiaries; and their respective shareholders, members, partners, officers, directors, managers, employees, agents, representatives, attorneys, accountants, guarantors, successors, and assigns, in both their corporate and individual capacities (collectively, "Released Parties") from any and all claims, demands, obligations, actions, liabilities, defenses or damages of every kind and nature whatsoever, in law or in equity, whether known or unknown, which may hereafter be discovered, in connection with, as a result of, or in any way arising from, any relationship or transaction with the Released Parties, however characterized or described, from the beginning of time until the date of this Addendum.

Source: Item 22 — CONTRACTS (FDD page 50)

What This Means (2025 FDD)

According to the 2025 Burneys Sweets More Franchise Disclosure Document, the franchisee is required to release the franchisor from all claims. The addendum to the franchise agreement requires the franchisee to release the franchisor, its parents, affiliates, subsidiaries, and their respective shareholders, members, partners, officers, directors, managers, employees, agents, representatives, attorneys, accountants, guarantors, successors, and assigns, in both their corporate and individual capacities (collectively, "Released Parties") from any and all claims, demands, obligations, actions, liabilities, defenses or damages of every kind and nature whatsoever, in law or in equity, whether known or unknown, which may hereafter be discovered, in connection with, as a result of, or in any way arising from, any relationship or transaction with the Released Parties, however characterized or described, from the beginning of time until the date of this Addendum.

This means that a Burneys Sweets More franchisee agrees to waive any legal claims against the franchisor and related parties, both known and unknown, that may arise from their relationship. This release covers all types of claims, demands, obligations, actions, liabilities, defenses, or damages, whether based in law or equity. The release extends from the beginning of time until the date the addendum is executed.

This type of clause is common in franchise agreements, but prospective franchisees should carefully consider its implications. It is advisable to consult with an attorney to fully understand the scope of the release and its potential impact on their rights. Franchisees should be aware that they are giving up the right to sue the franchisor for any past, present, or future issues related to the franchise relationship, which could have significant legal and financial consequences.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.