Does the Casiola General Release apply to claims from the beginning of the world to the Effective Date?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
In Favor of, Casiola Franchise LLC, a Florida limited liability company with a principal address at 6751 Forum Dr, Ste 230, Orlando, Florida 32821, and Casiola Franchise LLC's predecessors, affiliates, successors, assigns, officers, directors, managers, employees, and agents (hereinafter individually, jointly, severally, and collectively referred to as the "Releasee").
IN EXCHANGE FOR GOOD AND VALUABLE CONSIDERATION FROM Casiola Franchise LLC AND/OR RELEASEE, AND WITH THE RECEIPT AND SUFFICIENCY OF SUCH CONSIDERATION BEING HEREBY ACKNOWLEDGED BY RELEASOR, RELEASOR DOES HEREBY, FOR ITSELF AND FOR RELEASOR'S SUCCESSORS AND ASSIGNS HEREBY RELEASE AND FOREVER DISCHARGE RELEASEE FROM:
Any and all claims including, but not limited to Franchise Claims (defined below), causes of action, violations, damages, actions, contracts, covenants, promises, judgments, suits, indebtedness, liabilities, accounts, and demands of every kind and nature (hereinafter all collectively referred to as the "Claims" or "Claim"), whether or not such Claims are presently known or unknown, disclosed or undisclosed, actual or potential, accrued or unaccrued and whether in law, admiralty, common law, or equity which against the Releasee, Releasor ever had, now has or hereafter can, shall or may, have for, upon, or by reason of any Claim, matter, cause or thing whatsoever from the beginning of the world to the Effective Date of this Release.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, the General Release does apply to claims from the beginning of the world to the Effective Date. Casiola requires that the franchisee (referred to as the "Releasor") release Casiola Franchise LLC and its related parties (the "Releasee") from any and all claims, causes of action, damages, and demands of every kind and nature.
This release covers claims whether they are known or unknown, disclosed or undisclosed, actual or potential, accrued or unaccrued, and whether in law, admiralty, common law, or equity. The scope of this release extends from the beginning of the world up to the Effective Date of the release. The "Effective Date" is defined elsewhere in the agreement as the date set forth in the first paragraph of the agreement.
However, the FDD includes amendments for certain states that limit the scope of the general release. For example, the Maryland Franchise Agreement Amendment states that the general release required as a condition of renewal, sale, and/or assignment/transfer shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law. Similarly, in Minnesota, Item 17 shall not provide for a prospective general release of claims against Casiola that may be subject to the Minnesota Franchise Law. Prospective franchisees should carefully review the specific amendments and exceptions applicable to their state.