What does the Care Plus Medical Ucc General Release cover regarding claims?
Care_Plus_Medical_Ucc Franchise · 2024 FDDAnswer from 2024 FDD Document
Attachment 5 to Franchise Agreement
FORM OF GENERAL RELEASE
[This is our current standard form of General Release. This document is not signed when you purchase a franchise. In circumstances such as a renewal of your franchise or as a condition of our approval of a sale of your franchise, we may require you to sign a general release.]
This General Release ("Release") is executed by the undersigned ("Releasor") in favor of Care Plus Medical UCC, LLC, a Wyoming Limited Liability Company ("Care Plus Medical UCC").
Source: Item 22 — CONTRACTS (FDD page 41)
What This Means (2024 FDD)
According to the 2024 Care Plus Medical Ucc Franchise Disclosure Document, a general release may be required in circumstances such as a renewal of the franchise or as a condition of approval for a sale of the franchise. The General Release is executed by the Releasor in favor of Care Plus Medical UCC, LLC.
The FDD specifies that in New York, a franchisee is not required to assent to a release, assignment, novation, waiver, or estoppel that would relieve Care Plus Medical UCC from any duty or liability imposed by New York General Business Law, Article 33. Additionally, any condition in the agreement that binds the franchisee to waive compliance by Care Plus Medical UCC with any provision of New York General Business Law is deleted.
In Minnesota, the rules prohibit Care Plus Medical Ucc from requiring a franchisee to assent to a general release. The franchisee cannot consent to Care Plus Medical Ucc obtaining injunctive relief, although Care Plus Medical Ucc may seek it. The Limitations of Claims section must comply with Minnesota Statutes, Section 80C.17, Subd. 5, which states that no action may be commenced pursuant to Minnesota Statutes, Section 80C.17 more than three years after the cause of action accrues.