Does the Card My Yard general release extend to the Guarantors' heirs?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
er from the terms of this Agreement, except thatthe fees on renewal will not be greater than the feesthat we then impose on similarly situated renewing franchisees;
- (7) You and your Owners must execute a general release of any and all claims against us, our Affiliates, and our and their respective officers, directors, shareholders, partners, members, agents, representatives, independent contractors, servants and employees, past and present, in their corporate and individual capacities, including, without limitation, claims arising under this Agreement or under federal, state or local laws, rules, regulations or orders;
- (8) You must pay us a renewal fee in the amount of $3,000; and
- (9) You must comply with our then-current qualification and training requirements.
V. FEES
- A. Initial Franchise Fee. You agree to pay us an initial franchise fee of Eight Thousand Five Hundred Dollars ($8,500) upon the execution of this Agreement. The initial franchise fee shall be deemed fully earned and nonrefundable upon receipt by us.
- B. Royalty Fee.
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
Based on the 2025 Card My Yard Franchise Disclosure Document, the document does not specify whether the general release extends to the Guarantors' heirs. However, the FDD does mention a general release that franchisees and their owners must execute under certain conditions.
Specifically, a general release is required from the franchisee and their owners upon renewal of the franchise agreement. This release covers any and all claims against Card My Yard, its affiliates, and their respective officers, directors, shareholders, partners, members, agents, representatives, independent contractors, servants, and employees, both past and present, in their corporate and individual capacities. The claims include those arising under the Franchise Agreement, other agreements with Card My Yard, or under federal, state, or local laws, rules, regulations, or orders.
Additionally, a similar general release is required from the transferor and its owners, if applicable, when transferring the franchise to a new owner. This release is also in a form satisfactory to Card My Yard and covers similar parties and claims as the release required upon renewal. Because the FDD does not specify whether the general release extends to the Guarantors' heirs, prospective franchisees should seek clarification from the franchisor regarding the scope and implications of the general release, particularly concerning its applicability to heirs and other successors.