Is the General Release signed when purchasing a Chocolate Fish Coffee franchise?
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.
-
- 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, anyt
Source: Item 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
According to the 2024 Chocolate Fish Coffee Franchise Disclosure Document, a General Release is not signed when purchasing a franchise. However, Chocolate Fish Coffee may require a franchisee to sign a general release in circumstances such as a renewal of the franchise or as a condition of approval of a sale of the franchise.
The General Release is executed by the franchisee (Releasor) in favor of Chocolate Fish Franchising, LLC. The document includes a background statement describing the circumstances of the release and contains miscellaneous provisions. These provisions state that if any part of the release is held invalid, the rest remains in effect. Also, any disputes related to the release will be subject to the dispute resolution, governing law, and venue provisions outlined in the Franchise Agreement.
Additionally, the release requires the franchisee to take actions and sign documents reasonably requested by Chocolate Fish Coffee to fulfill the release's purpose, and it represents the entire agreement regarding the subject matter. State-specific addenda for Maryland and Washington residents are included, addressing franchise law and rights under the Washington Franchise Investment Protection Act, respectively.