Does the Cinnaholic General Release apply to claims against Cinnaholic's members?
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 |
|---|---|
| WITNESS: | |
Source: Item 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, the General Release extends to Cinnaholic's members. The document specifies that in exchange for the franchise rights, the franchisee releases Cinnaholic Franchising, LLC, along with its subsidiaries, affiliates, and their respective shareholders, owners, directors, officers, managers, members, partners, employees, agents, representatives, successors, and assigns. This release covers any liabilities, damages, claims, and actions that the franchisee may have against these parties.
This means that a franchisee is waiving their right to sue Cinnaholic's members, among other related parties, for any issues arising from the franchise relationship, agreements, or the Cinnaholic bakery's operation. The release includes claims resulting from contracts, communications, alleged misrepresentations, and negligence. It is effective from the date it is signed and remains in effect even if the franchise agreement is terminated or assigned.
However, the General Release does not waive rights that cannot be waived under applicable state franchise laws, nor does it relieve Cinnaholic or any other person from liability imposed by the Maryland Franchise Registration and Disclosure Law. The General Release is governed by the laws of Georgia, without regard to its conflicts of law provisions. Prospective franchisees should carefully review this General Release with their legal counsel to fully understand its implications and how it affects their rights and potential claims against Cinnaholic and its related parties.