What does the Franchisee state they have done regarding the Burneys Sweets More release document?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
The terms contained herein may not be modified or amended except in writing signed by the parties.
The terms of this Release are contractual and not a mere recital.
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- The undersigned further state that they have carefully read the foregoing instrument; that they know the contents thereof; that they understand and agree to each and every term and condition contained herein; that they signed the same as their own free act and deed; and that they have not assigned any rights released hereunder to any person or organization, private or governmental.
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- Franchisee hereby covenants and agrees that it and Franchisee Parties shall not make, at any time or place, any disparaging remarks, verbally or in writing, concerning any of the Franchisor Parties' actions or perceived omissions, regarding any matter connected with this Release Agreement or otherwise take any action that would disparage or cast doubt upon the business acumen or judgment of any other party. Franchisee understands and acknowledges that each Franchisor Parties' business and reputation are of special, unique, and extraordinary character, which gives them a particular value, the loss of which cannot reasonably be compensated in damages in an action at law. Accordingly, Franchisee further agrees that in addition to any other rights or remedies that it may possess at law, Franchisor and Franchisor Parties shall be entitled to injunctive and other equitable relief in order to prevent or remedy a breach of the provisions of this Agreement by Franchisee or Franchisee Parties.
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- The terms of this Release arose from discussions between the parties. Accordingly, no claimed ambiguity in this Release shall be construed against any party claimed to have drafted or proposed the language in question.
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- This Release shall be governed by and construed pursuant to the laws of the State of North Carolina.
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- This Release may be executed in two copies, each of which shall be deemed an original.
Source: Item 23 — RECEIPT (FDD pages 50–199)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, the franchisee acknowledges specific actions regarding the release document. The franchisee states they have carefully read the instrument, understand its contents, and agree to each term and condition within it.
Furthermore, the franchisee confirms they signed the release as their own free act and deed and have not assigned any rights released under the agreement to any other party. This indicates the franchisee's comprehensive understanding and acceptance of the release terms.
Additionally, the franchisee covenants not to make any disparaging remarks, verbally or in writing, concerning the franchisor's actions or omissions related to the Release Agreement. This includes any action that would negatively impact the goodwill of Burneys Sweets More or its brand. The franchisee acknowledges that Burneys Sweets More's business and reputation are of special and unique character, and any loss thereof cannot be reasonably compensated with monetary damages. Therefore, Burneys Sweets More is entitled to injunctive and other equitable relief to prevent or remedy any breach of these provisions.