Does the Chocolate Fish Coffee Franchise Agreement include a Form of General Release?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
Premises to remove signs and other material bearing Franchisor's brand name, trademarks, and commercial symbols, provided that Franchisor will be liable to Landlord for any damage Franchisor or its designee causes by such removal.
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- No Liability. By executing this Rider, Franchisor does not assume any liability with respect to the Leased Premises or any obligation as Tenant under the Lease.
Executed by: LANDLORD: TENANT: CHOCOLATE FISH FRANCHISING, LLC
Attachment 5 to Franchise Agreement
FORM OF GENERAL RELEASE
[This is our current standard form of General Release. This document is not signed when you purchase a franchise. In circumstances such as a renewal of your franchise or as a condition of our approval of a sale of your franchise, we may require you to sign a general release.]
This General Release ("Release") is executed by the undersigned ("Releasor") in favor of Chocolate Fish Franchising, LLC, a Wyoming Limited Liability Company ("Chocolate Fish Franchising").
Background Statement: [describe circumstances of Release]
Releasor agrees as follows:
- 1. Release. Releasor (on behalf of itself and its parents, subsidiaries and affiliates and their respective past and present officers, directors, shareholders, managers, members, partners, agents, and employees (collectively, the "Releasing Parties")) hereby releases Franchisor, its affiliates, and their respective directors, officers, shareholders, employees, and agents (collectively, the "Released Parties") from any and all claims, causes of action, suits, debts, agreements, promises, demands, liabilities, contractual rights and/or obligations, of whatever nature, known or unknown, which any Releasing Party now has or ever had against any Released Party based upon and/or arising out of events that occurred through the date hereof, including without limitation, anything arising out of the Franchise Agreement (co
Source: Item 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
According to Chocolate Fish Coffee's 2024 Franchise Disclosure Document, the Franchise Agreement includes a Form of General Release as Attachment 5. However, this release is not signed when purchasing the franchise initially. Chocolate Fish Coffee may require a franchisee to sign the general release in circumstances such as a franchise renewal or as a condition for approving the sale of the franchise.
The General Release requires the franchisee (or "Releasor") to release any and all claims against Chocolate Fish Franchising, its affiliates, and their respective owners, officers, directors, agents, and employees. The document includes a section for describing the circumstances of the release.
The General Release also contains miscellaneous provisions, such as a severability clause stating that if any provision is held invalid, the rest of the release remains in effect. In the event of a dispute, the dispute resolution, governing law, and venue provisions of the Franchise Agreement will apply. The release also states that it contains the entire agreement of the parties concerning the subject matter. Certain state addenda apply, such as for Maryland and Washington residents, with specific stipulations regarding franchise laws and rights.
Prospective franchisees should carefully review the Form of General Release and understand the circumstances under which they may be required to sign it, as it could impact their legal rights and relationship with Chocolate Fish Coffee. It is advisable to seek legal counsel to fully understand the implications of signing such a release.