factual

Who determines the form of the general release required for a Canine Dimensions franchise transfer?

Canine_Dimensions Franchise · 2025 FDD

Answer from 2025 FDD Document

C. Canine Dimensions, as permitted by the Franchise Agreement is conditioning its consent to such transfer or renewal on the execution of this Mutual General Release Agreement by Franchisee.

In consideration of the mutual covenants and conditions contained in this Mutual General Release and in the Franchise Agreement, and other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, the parties agree as follows:

    1. Canine Dimensions and Franchisee do hereby mutually release and forever discharge each other and each other's heirs, successors, representatives, assigns, agents, employees, officers, and directors ("Designees"), and each of them, of and from any claims, debts, liabilities, demands, obligations, costs, expenses, actions, and causes of action of every nature, character, and description known or unknown, vested or contingent, which each party now owns or holds, or has at any time heretofore owned or held, or may at any time own or hold against the other party hereto, arising prior to and including the date of this Mutual General Release Agreement; provided, however, that this release shall exclude claims arising from assertion of any continuing rights reserved in this Mutual General Release Agreement.
    1. This release shall not apply to any claims which the Franchisee may have arising under (a) the California Franchise Investment Law or the California Franchise Relations Act; (b) the Hawaii Franchise Investment Law; (c) the Maryland Franchise Registration and Disclosure Law; (d) the Minnesota Franchise Act; (e) the New York Franchise Investment Law; (f) the North Dakota Franchise Investment Law; or (g) the Washington Franchise Investment Protection Act, RCW 19.100, and the rules adopted thereunder. This release shall exclude claims arising from Franchisee's failure to pay any amounts due Canine Dimensions in the ordinary course of business. The parties expressly agree that this Mutual General Release Agreement will not apply to any claims Canine Dimensions may have under any Promissory Notes ancillary to the Franchise Agreement, or that pertain to other payment arrangements that the parties may have agreed upon.
  1. Waiver of California Civil Code Section 1542. Franchisee, for itself and its affiliates, parents, subsidiaries, divisions, partners, owners, shareholders, members, trustees, receivers, executors, representatives, administrators, and the respective officers, directors, agents, managers, principals, members, employees, insurers, successors, assigns, representatives and attorneys of each of them ("Constituents"), acknowledges that it is familiar with Section 1542 of the California Civil Code, which reads as follows:

Source: Item 22 — CONTRACTS (FDD page 36)

What This Means (2025 FDD)

According to the 2025 FDD, Canine Dimensions requires a Mutual General Release Agreement as a condition of consenting to a franchise transfer. The agreement involves both Canine Dimensions Franchising, LLC and the franchisee.

The Mutual General Release Agreement includes a release of claims between Canine Dimensions and the franchisee, excluding specific claims arising under franchise investment laws of certain states like California, Hawaii, Maryland, Minnesota, New York, North Dakota, and Washington. It also excludes claims related to the franchisee's failure to pay amounts due to Canine Dimensions in the ordinary course of business, as well as claims Canine Dimensions may have under any Promissory Notes ancillary to the Franchise Agreement.

The franchisee acknowledges that the release extends to unknown claims and waives rights under California Civil Code Section 1542 or similar statutes. The agreement takes effect upon execution by Canine Dimensions in Florida and is governed by Florida law.

The document includes signature lines for both the franchisee and Canine Dimensions Franchising, LLC, indicating that both parties must sign to finalize the agreement. Canine Dimensions' acceptance can only be made by a corporate officer at the company's corporate office.

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.