Does the release agreement for Care Plus Medical Ucc specify a venue for disputes?
Care_Plus_Medical_Ucc Franchise · 2024 FDDAnswer from 2024 FDD Document
hisor's brand name, trademarks, and commercial symbols, provided that Franchisor will be liable to Landlord for any damage Franchisor or its designee causes by such removal.
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- No Liability. By executing this Rider, Franchisor does not assume any liability with respect to the Leased Premises or any obligation as Tenant under the Lease.
Executed by: LANDLORD: TENANT: Care Plus Medical UCC, LLC
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").
Background Statement: [describe circumstances of Release]
Releasor agrees as follows:
- 1. Release. Releasor (on behalf of itself and its parents, subsidiaries and affiliates and their respective past and present officers, directors, shareholders, managers, members, partners, agents, and employees (collectively, the "Releasing Parties")) hereby releases Franchisor, its affiliates, and their respective directors, officers, shareholders, employees, and agents (collectively, the "Released Parties") from any and all claims, causes of action, suits, debts, agreements, promises, demands, liabilities, contractual rights and/or obligations, of whatever nature, known or unknown, which any Releasing Party now has or ever had against any Released Party based upon and/or arising out of events that occurred through the date hereof, including without limitatio
Source: Item 22 — CONTRACTS (FDD page 41)
What This Means (2024 FDD)
According to the 2024 FDD, the General Release form that Care Plus Medical UCC may require franchisees to sign in certain circumstances, such as franchise renewal or sale approval, does not specify a venue for disputes within the release itself. However, the Franchise Agreement outlines dispute resolution procedures. Specifically, Article 17.5 addresses venue for legal proceedings not required to be submitted to arbitration. It states that such proceedings will be brought in the United States District Court where Care Plus Medical UCC's headquarters is located. If there is no federal jurisdiction, the proceedings will occur in the court of record of the state and county where Care Plus Medical UCC's headquarters is located. Each party consents to the jurisdiction of these courts and waives objections to the venue.
For disputes subject to arbitration, the location will be the city and state where Care Plus Medical UCC's headquarters are located, as stated in Article 17.1(b). This means that while the General Release itself doesn't contain venue information, the Franchise Agreement provides a clear framework for where disputes will be resolved, depending on whether arbitration is required or not.
It is important for prospective franchisees to understand that by agreeing to the Franchise Agreement, they are also consenting to the specified venues for dispute resolution. This could have implications for travel costs and legal representation, depending on where the franchisee is located relative to Care Plus Medical UCC's headquarters. Additionally, the Washington Addendum notes that for franchises purchased in Washington, the arbitration site shall be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration, or as determined by the arbitrator.