What is the purpose of the 'WITNESSETH' section in the Chatime General Release?
Chatime Franchise · 2025 FDDAnswer from 2025 FDD Document
nature: __________________________
Print Name:_________________________
| Signature: | Date: |
|---|---|
| Print Name: | |
| Signature: | Date: |
Date: _________________________________
EXHIBIT 1 to the Franchise Agreement Form of Release
GENERAL RELEASE
| THIS GENERAL RELEASE is made this day of , 20_ |
|---|
| WITNESSETH: |
| I, |
| , |
| a |
| resident(s) |
| in |
| the |
| State |
| of |
| , |
| and |
| , |
| a |
| [State of Incorporation] company |
| having |
| its |
| principal place of business at |
| (each of the foregoing being collectively referred to herein as the "UNDERSIGNED") for and in |
| consideration |
| of |
| the |
| sum |
| of |
| One |
| Dollar |
| ($1.00) |
| paid |
| to |
| them |
| by |
| Chatime |
| Franchise, |
| LLC |
| and |
| other |
| good |
| and |
| valuable |
| consideration, |
| the |
| receipt |
| of |
| which |
| is |
| hereby |
| acknowledged, |
| the |
| UNDERSIGNED, individually and for itself, its parent, subsidiaries, affiliates, agents, servants, |
| employees, shareholders, officers, directors, partners, heirs, successors and assigns, do each |
| hereby |
| forever |
| release, |
| remise, |
| and |
| discharge |
| Chatime |
| Franchise, |
| LLC, |
| their |
| predecessors, |
| successors |
| and |
| assigns, |
| parents, |
| subsidiaries, |
| and |
| affiliated |
| entities |
| and |
| their |
| respective |
| managers, |
| members, |
| officers, |
| directors, |
| agents, |
| employees, |
| and |
| representatives, |
| past |
| and |
| present, of any |
| and all of such entities (all collectively referred to herein as "FRANCHISOR"), of |
| and |
| from |
| any |
| and |
| all |
| claims, |
| demands, |
| causes |
| of |
| action, |
| suits, |
| debts, |
| dues, |
| duties, |
| sums |
| of |
| money, |
| accounts, |
| reckonings, |
| covenants, |
| contracts, |
| agreements, |
| promises, |
| damages, |
| judgments, extents, executions, liabilities and obligations, both contingent and fixed, known and |
| unknown, of every kind and nature whatsoever in law or equity, or otherwise, under local, state, |
| or |
| federal |
| law, |
| against |
| any |
| of |
| them, |
| which |
| the |
| UNDERSIGNED |
| or |
| any |
| one |
| of |
| them |
| or |
| their |
| predecessors |
| in |
| interest, |
| if |
| any, |
| ever |
| had, |
| now |
| have, |
| or |
| which |
| they, |
| their |
| heirs, |
| executors, |
| administrators, |
| successors, |
| or |
| assigns |
| hereafter |
| can, |
| will, |
| or |
| may |
| have, |
| for, |
| upon, |
| or |
| by |
| reason |
| of, |
| any |
| matter, cause, or thing whatsoever, from the beginning of the world to the date of have, fo |
Source: Item 23 — Receipts (FDD pages 58–262)
What This Means (2025 FDD)
According to Chatime's 2025 Franchise Disclosure Document, the 'WITNESSETH' section of the General Release serves to formally introduce and establish the agreement. It identifies the parties involved (the Undersigned, which includes individuals or companies, and Chatime Franchise, LLC), and acknowledges that consideration, in this case, one dollar ($1.00) and other valuable consideration, has been exchanged. This acknowledgement is a legal formality confirming that both parties are entering the agreement willingly and with something of value changing hands.
The 'WITNESSETH' section then leads into the core of the release, where the Undersigned agrees to release and discharge Chatime Franchise, LLC from any and all claims, demands, and liabilities. This release covers a broad range of potential issues, both known and unknown, that the Undersigned might have against Chatime. By signing the General Release, the franchisee (or other relevant party) essentially waives their right to sue Chatime for any past, present, or future grievances, with some limitations.
It's important to note that the Maryland Addendum to the Chatime Franchise Disclosure Document specifies that a general release required as a condition of approval will not apply to any liability under the Maryland Franchise Registration and Disclosure Law. This highlights that the scope of such releases can be limited by state-specific franchise laws, offering some protection to franchisees. Prospective franchisees should carefully review the General Release and any applicable state addenda with legal counsel to fully understand the implications of signing such a document.