Does the release agreement for Canine Dimensions apply to continuing rights reserved in the agreement itself?
Canine_Dimensions Franchise · 2025 FDDAnswer from 2025 FDD Document
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- 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.
Source: Item 22 — CONTRACTS (FDD page 36)
What This Means (2025 FDD)
According to Canine Dimensions' 2025 Franchise Disclosure Document, the mutual general release agreement between Canine Dimensions and the franchisee does not apply to continuing rights reserved in the agreement. The agreement explicitly states that the release excludes claims arising from the assertion of any continuing rights reserved within the Mutual General Release Agreement itself.
This means that while the franchisee is releasing Canine Dimensions from various claims and liabilities, any rights that are specifically maintained or reserved within the release agreement remain enforceable. This provision protects both parties by ensuring that certain agreed-upon rights are not inadvertently waived through the general release.
For a prospective Canine Dimensions franchisee, this clause offers some assurance that specific rights outlined and reserved in the release agreement will not be affected by the general waiver of claims. It is important to carefully review the Mutual General Release Agreement to understand what rights are being released and what rights are being reserved to fully understand the implications of this agreement.