Besides the parties to the Cinnaholic franchise agreement, does the agreement intend to confer any rights or remedies upon any other person or legal entity?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
| This General Release is made effective this day of, 20 In consideration for the grant by Cinnaholic Franchising, LLC, a Georgia Limited Liability Company ("CINNAHOLIC®"), to the undersigned of certain rights in connection with the operation transfer or renewal thereof, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned, individually and collectively, hereby unconditionally release, discharge, and acquit CINNAHOLIC®, its past and present subsidiaries and affiliates, and its and their shareholders, owners, directors, officers, managers, members, partners, employees, agents, representatives, successors and assigns, from any and all liabilities, damages, claims, demands, costs, expenses, debts, indemnities, suits, disputes, controversies, actions and causes of action of any kind whatsoever, whether known or unknown, fixed or contingent, regarding or arising out of any prior or existing franchise relationship, development agreement, franchise agreement or any other agreement executed by any of the any CINNAHOLIC ®facility (whether currently or previously of them), or any other prior or existing business relationship between any of the undersigned and CINNAHOLIC® (or any subsidiary or affiliate of CINNAHOLIC®), individually or collectively has asserted, may have asserted or (or any of the aforementioned related parties) at any time up to the date of this General Release, including specifically, without limitation, claims arising from contract, written or oral communications, alleged misrepresentations, and acts of negligence, whether active or passive. This General Release shall survive the assignment or termination of any of the franchise agreements or other documents entered into by and between CINNAHOLIC® and any of the undersigned. This those rights of the undersigned which cannot be waived under applicable state franchise laws nor is it intended to relieve CINNAHOLIC® or any other the Maryland Franchise Registration and Disclosure construed in accordance with the laws of the State of Georgia without regard to its conflicts of law provisions. | of a CINNAHOLIC® facility and/or the undersigned and CINNAHOLIC (or any subsidiary or affiliate of CINNAHOLIC), owned or operated by the undersigned or any which the undersigned or any of them CINNAHOLIC® could have asserted against General Release is not intended as a waiver of person, directly or indirectly, from liability imposed by Law. This General Release shall be governed by and |
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Source: Item 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the Cinnaholic franchise agreement does not explicitly state that it intends to confer rights or remedies upon any other person or legal entity besides the parties involved in the agreement. However, the General Release document does mention Cinnaholic's subsidiaries, affiliates, shareholders, owners, directors, officers, managers, members, partners, employees, agents, representatives, successors, and assigns, indicating that these related parties are included in the release of liabilities, damages, claims, and demands. This suggests that while not directly part of the franchise agreement, these entities have a connection to it through the release of claims.
The General Release specifies that it applies to Cinnaholic Franchising, LLC, a Georgia Limited Liability Company, and those who are granted certain rights in connection with the operation, transfer, or renewal of the franchise. It includes a release of Cinnaholic and its related parties from various liabilities and claims arising from any prior or existing franchise relationship or agreement. This release extends to claims arising from contract, written or oral communications, alleged misrepresentations, and acts of negligence.
It is important to note that the General Release does not waive rights that cannot be waived under applicable state franchise laws, nor does it relieve Cinnaholic from liability imposed by the Maryland Franchise Registration and Disclosure Law. The General Release is governed by the laws of the State of Georgia, without regard to its conflicts of law provisions. A prospective franchisee should carefully review the full franchise agreement and related documents, including the General Release, with legal counsel to understand the scope of the agreement and its implications for all parties involved.