Does the Card My Yard general release extend to the Released Parties' past members?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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;
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
According to the 2025 Card My Yard Franchise Disclosure Document, a general release is required upon renewal of the franchise agreement. This release extends to Card My Yard, its Affiliates, and their respective officers, directors, shareholders, partners, members, agents, representatives, independent contractors, servants, and employees.
The release explicitly includes both past and present individuals in their corporate and individual capacities. This means that any claims a franchisee may have, whether known or unknown, against these parties are waived upon signing the release as part of the renewal process. The claims include, but are not limited to, those arising under the Franchise Agreement or under federal, state, or local laws, rules, regulations, or orders.
This requirement is a standard practice in franchising, as it protects the franchisor from potential future litigation related to past events or agreements. However, it is crucial for a franchisee to carefully consider the implications of signing such a release, especially if there are any existing disputes or potential claims against Card My Yard or its related parties. Franchisees should seek legal counsel to fully understand the scope and impact of the release before signing it.
In order to renew their Card My Yard franchise agreement, franchisees must comply with several conditions, including executing the then-current form of renewal franchise agreement, satisfying all monetary obligations, and complying with qualification and training requirements. They must also pay a renewal fee of $3,000. The general release is one of the conditions that must be met for renewal.