What is the scope of the claims released by the Releasing Parties in the Cicis amendment?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
You, on behalf of yourself, and your current and former parents, affiliates, and subsidiaries, and each of the foregoing person's or entity's respective direct or indirect owners, officers, directors, employees, representatives, predecessors, spouses, heirs, principals, attorneys, agents, successors, and assigns (collectively, the "Releasing Parties"), do hereby absolutely and irrevocably release and discharge us and our parents, subsidiaries, and affiliates, and each of the foregoing entity's current and former owners, officers, directors, employees, managers, agents, representatives, predecessors, successors, and assigns (the "Franchisor Parties"), of and from any and all claims, obligations, debts, proceedings, demands, causes of actions, rights to terminate and rescind, liabilities, losses, damages, and rights of every kind and nature whatsoever, whether known or unknown, suspected or unsuspected, at law or in equity (collectively, "Claims"), which any of them has, had or may have, from the beginning of time to the Effective Date, including, without limitation, those arising out of or relating in any way to the Original Franchise Agreement, the relationship created by the Original Franchise Agreement, or the development, ownership, or operation of the Restaurant.
You, on behalf of yourself and on behalf of the other Releasing Parties, further covenant not to sue any of the Franchisor Parties on any of the Claims released by this Section and warrant and represent that you and they have not assigned or otherwise transferred any Claims released by this Section.
If the Restaurant you operate under the Original Franchise and/or New Franchise Agreement is located in Maryland or if any of the Releasing Parties is a resident of Maryland, the following shall apply:
Any general release provided for hereunder shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 58–64)
What This Means (2025 FDD)
According to the 2025 Cicis Franchise Disclosure Document, the release covers a wide array of claims against the Franchisor Parties by the Releasing Parties. The Releasing Parties include the franchisee, their current and former parents, affiliates, subsidiaries, and their respective owners, officers, directors, employees, representatives, predecessors, spouses, heirs, principals, attorneys, agents, successors, and assigns. The Franchisor Parties include Cicis and its parents, subsidiaries, and affiliates, along with their current and former owners, officers, directors, employees, managers, agents, representatives, predecessors, successors, and assigns.
The scope of released claims encompasses any and all claims, obligations, debts, proceedings, demands, causes of actions, rights to terminate and rescind, liabilities, losses, damages, and rights of every kind and nature. This includes both known and unknown claims, suspected or unsuspected claims, and those existing in law or equity. The release extends from the beginning of time up to the Effective Date of the agreement. It specifically includes claims arising out of or relating to the Original Franchise Agreement, the relationship it created, or the development, ownership, or operation of the Restaurant.
The franchisee, on behalf of themselves and the other Releasing Parties, agrees not to sue any of the Franchisor Parties on any of the released claims. They also warrant that they have not assigned or transferred any of these claims. However, if the Restaurant is located in Maryland or any Releasing Parties are residents of Maryland, the general release does not apply to liabilities under the Maryland Franchise Registration and Disclosure Law. This means that franchisees in Maryland retain their rights to make claims under Maryland franchise law, despite the general release provision.