Are past officers of the franchisee's company included in the Card My Yard general release?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
- (3) The transferor and its owners,if applicable, shall have executed a general release, in a form satisfactory to us, of any and all claims, against us and our Affiliates, 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 and any other agreement with us or our Affiliates, and under federal, state or local laws, rules, and 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, when transferring ownership of a franchise, the transferor, including its owners, must execute a general release. This release covers any 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. This includes claims arising from the Franchise Agreement or any other agreement with Card My Yard or its affiliates, as well as claims under federal, state, or local laws, rules, and regulations.
In practical terms, this means that a franchisee selling their Card My Yard business must ensure that they and their owners (if applicable) sign a release that prevents them from suing Card My Yard for any reason. This release is comprehensive, covering a wide range of potential claims and individuals associated with Card My Yard. The release must be in a form that is satisfactory to Card My Yard.
For a prospective franchisee, this highlights the importance of understanding all potential claims before selling their franchise. They should consult with legal counsel to fully understand the implications of the general release. This requirement is a standard practice in franchising, designed to protect the franchisor from future litigation by former franchisees.