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What section of the Canine Dimensions franchise agreement covers obtaining a successor franchise?

Canine_Dimensions Franchise · 2025 FDD

Answer from 2025 FDD Document

THIS MUTUAL GENERAL RELEASE AGREEMENT is made and entered into this day of, 20, by and between Canine Dimensions Franchising, LLC, a Florida limited liability company ("Canine Dimensions"), whose principal office Loop, Bonita Springs, Florida 34135 and is 23208 Sanabria , with an address at ("Franchisee"). A. Canine Dimensions and Franchisee entered into a Canine Dimensions Franchise Agreement (the "Franchise Agreement") dated, 20 granting Franchisee the right to operate a Canine Dimensions business using the confidential policies, procedures and techniques owned by Canine Dimensions Franchising, LLC, and using certain Marks, including the trademark and service mark Canine Dimensions. B. Franchisee desires to Transfer his/her its Canine Dimensions franchise / obtain a successor franchise (circle one).

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.

Source: Item 22 — CONTRACTS (FDD page 36)

What This Means (2025 FDD)

According to the 2025 Canine Dimensions Franchise Disclosure Document, the section of the franchise agreement that discusses obtaining a successor franchise is referenced within the Mutual General Release Agreement. Specifically, the agreement is used when a franchisee desires to transfer their franchise or obtain a successor franchise.

This agreement indicates that Canine Dimensions conditions its consent to a transfer or renewal of the franchise on the execution of this Mutual General Release Agreement by the franchisee. This means that if a franchisee wants to sell their franchise to someone else or renew their agreement for another term, they must sign this release.

The Mutual General Release Agreement involves both Canine Dimensions and the franchisee releasing each other from potential claims, debts, liabilities, and demands. However, this release does not apply to claims arising under specific state franchise laws, such as those in California, Hawaii, Maryland, Minnesota, New York, North Dakota, or Washington. It also excludes claims related to the franchisee's failure to pay amounts due to Canine Dimensions in the ordinary course of business or claims Canine Dimensions may have under any Promissory Notes ancillary to the Franchise Agreement.

For a prospective Canine Dimensions franchisee, this implies that when the time comes to transfer the franchise or seek a renewal, they will need to sign a release that could impact their legal rights. It is important to carefully review the terms of the Mutual General Release Agreement with legal counsel to understand its implications fully.

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.