What is the trigger for the Franchisee to release Casa De Corazon from all claims?
Casa_De_Corazon Franchise · 2025 FDDAnswer from 2025 FDD Document
| In consideration of the agreement of Casa Franchising, LLC ("Franchisor") to consent to the |
|---|
| assignment |
| by |
| ("Franchisee") |
| of |
| its |
| Franchise |
| Agreement dated between Franchisee and Franchisor (the "Agreement"), |
| Franchisee hereby releases and forever discharges Franchisor, and all affiliates of Franchisor, and |
| their respective directors, officers, shareholders, employees and agents, in their corporate and |
| individual capacities, and their respective heirs, personal representatives, successors and assigns, |
| from any and all claims Franchisee may have against such parties, from the beginning of time to |
| the date hereof, known or unknown, whether in law or in equity, including, but not limited to, any |
| claims arising out of the offer or sale of any franchise to Franchisee, and any matters arising under |
| the Agreement. |
| NOTWITHSTANDING THE FOREGOING, THIS RELEASE DOES NOT RELEASE ANY |
| CLAIMS THE UNDERSIGNED MAY HAVE THAT MAY NOT BE RELEASED PURSUANT |
| TO THE FRANCHISE LAWS WHERE THE UNDERSIGNED IS A RESIDENT OR WHERE |
| THE FRANCHISED BUSINESS IS LOCATED, TO THE EXTENT REQUIRED BY |
| APPLICABLE LAW. |
| This general release does not apply with respect to claims arising under the Washington Franchise |
| Investment Protection Act, RCW 19.100, and the rules adopted thereunder. |
| Date |
Source: Item 22 — CONTRACTS (FDD page 51)
What This Means (2025 FDD)
According to the 2025 Casa De Corazon Franchise Disclosure Document, the trigger for a franchisee to release Casa De Corazon from all claims occurs when Casa De Corazon consents to the assignment of the Franchise Agreement. In consideration for Casa De Corazon's consent to the assignment of the Franchise Agreement, the franchisee releases Casa De Corazon from any and all claims from the beginning of time to the date of the release. These claims include those arising out of the offer or sale of the franchise and any matters arising under the Franchise Agreement.
However, this release does not apply to any claims that cannot be released under franchise laws in the franchisee's state of residence or where the franchised business is located, to the extent required by applicable law. Additionally, the general release does not apply to claims arising under the Washington Franchise Investment Protection Act, RCW 19.100, and its rules.
This means that if a Casa De Corazon franchisee decides to sell or transfer their franchise to another party, they will be required to sign a release that absolves Casa De Corazon from any past, present, or future claims related to the franchise agreement. However, the franchisee retains any rights or protections afforded to them by franchise laws in their jurisdiction, ensuring that they do not unknowingly waive any legal recourse they may have. This is a fairly standard practice in franchising, as it protects the franchisor from potential liabilities when a franchise changes hands.