Can the Chocolate Fish Coffee General Release be modified?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
nd 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 l
Source: Item 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
According to the 2024 Chocolate Fish Coffee Franchise Disclosure Document, the General Release form itself is presented as Chocolate Fish Coffee's current standard form. The FDD states that this document is typically required in circumstances such as a franchise renewal or as a condition for approving the sale of a franchise.
The document includes several standard clauses, such as a statement that if any provision is held invalid, the remaining provisions will remain in effect. It also specifies that the dispute resolution, governing law, and venue provisions of the Franchise Agreement will apply to any disputes concerning the Release. The Releasor (the franchisee) agrees to take actions and sign documents to effectuate the purposes of the Release.
However, the FDD provides specific stipulations for Maryland and Washington residents. For Maryland residents, the Release does not apply to any liability under the Maryland Franchise Registration and Disclosure Law. For Washington residents, a release or waiver of rights executed by a franchisee shall not include rights under the Washington Franchise Investment Protection Act unless executed pursuant to a negotiated settlement after the franchise agreement is in effect and where the parties are represented by independent counsel.
While the standard form of the General Release is provided, the FDD does not explicitly state whether the General Release can be modified beyond the state-specific addenda. A prospective franchisee should discuss the possibility of modifications with Chocolate Fish Coffee, particularly if there are specific concerns or circumstances that warrant changes to the standard form.