What is the significance of signing a general release when renewing or transferring a Checkersrallys franchise in California?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
You must sign a general release if you renew or transfer your franchise.
California Corporations Code § 31512 voids a waiver of your rights under the Franchise Investment Law (California Corporations Code §§ 31000 through 31516).
Business and Professions Code § 20010 voids a waiver of your rights under the Franchise Relations Act (Business and Professions Code §§ 20000 through 20043).
Source: Item 23 — RECEIPTS (FDD pages 92–384)
What This Means (2025 FDD)
According to Checkersrallys's 2025 Franchise Disclosure Document, franchisees in California must sign a general release when renewing or transferring their franchise. This release is a legal agreement where the franchisee gives up certain rights and claims against Checkersrallys. However, California law provides some protection to franchisees in this situation.
Specifically, California Corporations Code § 31512 and Business and Professions Code § 20010 state that any waiver of rights under the Franchise Investment Law and the Franchise Relations Act is void. This means that even if a franchisee signs a general release, they cannot waive certain rights granted to them under these California laws. Additionally, California law prohibits Checkersrallys from disclaiming representations made to the franchisee or denying the franchisee's ability to rely on those representations.
In practical terms, while Checkersrallys requires a general release upon renewal or transfer, certain provisions within that release may not be enforceable in California due to state laws protecting franchisees. Franchisees should consult with legal counsel to fully understand the implications of signing a general release and to determine which rights they cannot waive under California law. This ensures that franchisees are aware of their protections and can make informed decisions when renewing or transferring their Checkersrallys franchise.