factual

When transferring a Checkers franchise, what release must the franchisee and their Owners and Affiliates execute?

Checkers Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (i) you and your Owners and Affiliates must, except to the extent limited or prohibited by applicable law, execute a general release, in form and substance satisfactory to us, of any and all claims against us and our Affiliates, stockholders, officers, directors, employees, agents, successors and assigns;

Source: Item 22 — CONTRACTS (FDD pages 91–92)

What This Means (2025 FDD)

According to Checkers's 2025 Franchise Disclosure Document, when transferring a franchise, the franchisee, their Owners, and Affiliates must execute a general release. This release must be in a form and substance that is satisfactory to Checkers. The release covers any and all claims against Checkers, its Affiliates, stockholders, officers, directors, employees, agents, successors, and assigns, except to the extent limited or prohibited by applicable law.

In simpler terms, this means that when a franchisee sells their Checkers restaurant, they (along with anyone who owns a part of the franchise and their related entities) must sign a document releasing Checkers from any potential legal claims they might have. This is a standard practice in franchising to protect the franchisor from future liabilities related to the transferred franchise.

This requirement is a significant condition for Checkers's approval of the franchise transfer. It ensures that Checkers is protected from any past issues or disputes that the franchisee or their affiliates might try to bring up after the transfer is complete. The franchisee should carefully review the release document with legal counsel to understand the full scope of the claims they are waiving.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.