In the Casiola General Release, what happens if any action or legal proceeding is commenced?
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 includes a clause that addresses claims, causes of action, violations, damages, actions, contracts, covenants, promises, judgments, suits, indebtedness, liabilities, accounts, 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 General Release states that the franchisee, referred to as the Releasor, releases and forever discharges Casiola Franchise LLC, along with its predecessors, affiliates, successors, assigns, officers, directors, managers, employees, and agents, collectively referred to as the Releasee, from any and all claims. This includes any claims the Releasor ever had, now has, or may have in the future.
This broad release is effective from the beginning of the world up to the effective date of the release, covering any claim, matter, cause, or thing whatsoever. This means that upon signing the General Release, a franchisee waives their right to pursue legal action against Casiola for any past, present, or future issues, subject to certain state law limitations as outlined in specific state amendments.