factual

Who must the transferor release claims against for a Card My Yard franchise transfer?

Card_My_Yard Franchise · 2025 FDD

Answer 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 Card My Yard's 2025 Franchise Disclosure Document, a transferor—the existing franchisee selling their business—must execute a general release of claims against specific parties as a condition of the transfer. This release must be in a form satisfactory to Card My Yard.

The release extends to Card My Yard and its Affiliates, as well as their respective officers, directors, shareholders, partners, members, agents, representatives, independent contractors, servants, and employees. This encompasses individuals in both their corporate and individual capacities, covering past and present roles.

The claims being released include, but are not limited to, those arising under the Franchise Agreement itself, any other agreements with Card My Yard or its Affiliates, and any claims under federal, state, or local laws, rules, and regulations or orders. This is a comprehensive release, designed to protect Card My Yard from potential future legal actions by the transferring franchisee related to their operation of the franchise.

For a prospective Card My Yard franchisee purchasing an existing business, this requirement means the seller is giving up their right to sue Card My Yard for pretty much anything related to the franchise. It protects Card My Yard from potential liabilities arising from the previous owner's actions or inactions. A potential franchisee should seek legal counsel to fully understand the implications of such a broad release before agreeing to the transfer.

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.