exception

What obligation of Chem-Dry is NOT released by the franchisee under this agreement?

Chem_Dry Franchise · 2024 FDD

Answer from 2024 FDD Document

nal Franchise

THIS RELEASE AGREEMENT ("Agreement") is made and entered into the Effective Date by and between CDI and Franchisee.

W I T N E S S E T H:

WHEREAS, CDI and Franchisee have entered into one or more Franchise Agreements, whereby Franchisee was granted the right to own and operate an Chem-Dry business within a specific franchised area;

WHEREAS, Franchisee desires to acquire an additional franchise; and

WHEREAS, CDI is willing to grant an additional franchise to Franchisee provided Franchisee executes this Agreement concurrently with the execution of a new franchise agreement and pays the required fee to CDI.

NOW, THEREFORE, in consideration of the covenants contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows:

  1. Release. The Franchisee hereby forever releases, remises and discharges CDI and CDI's affiliates, its shareholders, directors, officers, employees and agents, and all its respective heirs, executors, administrators, successors and assigns, of and from any and all known and unknown claims, causes of action, suits, debts, agreements, promises and demands of whatever nature or kind, in law or in equity, which the Franchisee now has, ever had, or, but for this release, hereafter would or could have arising from the relationship between the parties or relating in any manner to the Franchise Agreements, except for CDI's obligation under the franchise agreement on and after the date of this Agreement. Franchisee hereby warrants and represents to CDI that he or she has not assigned any of the above-described claims, causes of action, suits, debts, agreements, promises and demands released hereunder.

For franchises in the State of California, the Franchisee acknowledges that this Release Agreement is a general release which extends to all known and unknown claims, causes of action, suits, debts, agreements, promises and demands whether or not claimed or suspected. The Franchise waives all of the provisions of California Civil Code Section 1542, and similar laws of other jurisdictions. California Civil Code Section 1542 reads as follows:

"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

For franchisees in the State of Washington, the release(s) do not apply with respect to claims arising under the Washington Franchise Investment Protection Act, RCW 19.100, and the rules adopted thereunder.

2. Construction and Enforcement.

  • (a) Governing Law. Except to the extent governed by the United States Trademark Act of 1946 (Lanham Act, 15 U.S.C. Sections 1051 et seq.), this Agreement will be governed by the laws of the State of Tennessee.
  • (b) Binding Effect. This Agreement is binding upon the parties hereto and their respective executors, administrators, heirs, assigns and successors in interest, and will not be modified except by written agreement signed by Franchisee and CDI.
  • (c) Construction. The preambles are a part of this Agreement, which constitutes the entire agreement of the parties relating to its subject matter. The headings of the several sections and paragraphs hereof are for convenience only and do not define, limit or construe the contents of the sections or paragraphs.

IN WITNESS WHEREOF, the parties hereto have executed this Release Agreement as of the date first above written.

Individually & Personally
Individually & Personally
CHEM-DRY, INC.
By:
Title:

FRANCHISEE

Source: Item 22 — CONTRACTS (FDD page 68)

What This Means (2024 FDD)

According to the 2024 Chem-Dry Franchise Disclosure Document, when franchisees acquire an additional franchise, they sign a release agreement. This agreement releases Chem-Dry from all known and unknown claims and demands related to the franchise agreements, except for Chem-Dry's obligations under the franchise agreement on and after the date of the release agreement. This means that while the franchisee waives most potential claims against Chem-Dry, Chem-Dry remains obligated to fulfill its duties as outlined in the current franchise agreement.

In Maryland, the release does not apply to any liability under the Maryland Franchise Registration and Disclosure Law. Furthermore, any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within 3 years after the grant of the franchise. Representations requiring prospective franchisees to assent to a release, estoppel, or waiver of liability do not act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law.

For franchisees in Washington, the releases do not apply with respect to claims arising under the Washington Franchise Investment Protection Act, RCW 19.100, and the rules adopted thereunder. This ensures that franchisees in Washington retain their rights under the state's franchise laws, regardless of any release agreements signed. These stipulations protect franchisees by ensuring that they do not unknowingly waive their rights under state franchise laws when signing a release agreement.

In Virginia, if any ground for default or termination stated in the franchise agreement does not constitute "reasonable cause", as that term may be defined in the Virginia Retail Franchising Act or the laws of Virginia, that provision may not be enforceable.

Disclaimer: This information is extracted from the 2024 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.