Does the Cinnaholic General Release cover claims the franchisee could have asserted against Cinnaholic?
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 of a CINNAHOLIC bakery and/or the 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 undersigned and CINNAHOLIC (or any subsidiary or affiliate of CINNAHOLIC®), any CINNAHOLIC® Bakery (whether currently or previously owned or operated by the undersigned or any of them), or any other prior or existing business relationship between any of the undersigned and CINNAHOLIC® (or any subsidiary or affiliate of CINNAHOLIC®), which the undersigned or any of them individually or collectively has asserted, may have asserted or could have asserted against CINNAHOLIC® (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 General Release is not intended as a waiver of those rights of the undersigned which cannot be waived under applicable state |
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| franchise |
| laws |
| nor |
| is |
| it intended to relieve CINNAHOLIC or any other person, directly or indirectly, from |
| liability |
| imposed |
| by |
| the |
| Maryland |
| Franchise |
| Registration |
| and |
| Disclosure Law. This General Release shall |
| be |
| governed |
| by and construed |
| in accordance |
| with |
| the |
| laws |
| of the State |
| of Georgia without regard |
| to |
| its |
| conflicts of law provisions. |
| WITNESS: |
| Corporate Name |
Source: Item 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, the General Release covers claims that a franchisee has asserted, may have asserted, or could have asserted against Cinnaholic. This release encompasses a wide range of potential claims.
The General Release requires franchisees to unconditionally release Cinnaholic and its related parties from any liabilities, damages, claims, and demands. This includes any kind of action or cause of action, whether known or unknown, fixed or contingent. The release applies to matters arising from any prior or existing franchise relationship, development agreement, franchise agreement, or any other agreement between the franchisee and Cinnaholic.
Specifically, the release includes claims arising from contract, written or oral communications, alleged misrepresentations, and acts of negligence, whether active or passive. The General Release survives any assignment or termination of franchise agreements. However, it 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 agreement is governed by Georgia law, without regard to its conflicts of law provisions.
In practical terms, a Cinnaholic franchisee signing this release is giving up their right to sue Cinnaholic for a broad spectrum of issues, including those they might not even be aware of at the time of signing. This is a significant legal commitment, and franchisees should carefully consider its implications and seek legal advice before signing.