Can Chem Dry change the requirement to sign a general release during a transfer?
Chem_Dry Franchise · 2024 FDDAnswer from 2024 FDD Document
FRANCHISEE, your principals, and the transferee (if we have a prior relationship with the transferee) sign a general release, in a form satisfactory to CDI, releasing to the extent permitted by applicable law, any and all claims against CDI and its affiliates, shareholders, officers, directors, employees, and agents (such requirement to sign a general release is subject to change in our sole discretion);
Source: Item 23 — Receipts (FDD pages 68–264)
What This Means (2024 FDD)
According to Chem Dry's 2024 Franchise Disclosure Document, the requirement for a franchisee, its principals, and the transferee to sign a general release during a franchise transfer is subject to change at Chem Dry's discretion. This release, in a form satisfactory to Chem Dry, involves releasing any claims against Chem Dry, its affiliates, shareholders, officers, directors, employees, and agents, to the extent permitted by law.
This means that Chem Dry retains the right to modify or waive this requirement. For a prospective franchisee, this indicates that while a general release is typically required during a transfer, Chem Dry could potentially alter this condition. It is important to note that the specifics of the release, including its form and the extent of the claims being released, are determined by Chem Dry.
Prospective franchisees should be aware of this clause, as it could impact their ability to pursue legal action against Chem Dry in the future. Franchisees in California should note that California law may void certain aspects of such a release. It is advisable to seek legal counsel to fully understand the implications of signing a general release and to stay informed about any changes to this requirement during the transfer process.