Is the Cinnaholic General Release intended to be a complete release of all claims?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
R: | | | CINNAHOLIC FRANCHISING, LLC | If an Individual: | | | By: Print Name: Title: | Signature: Print Name: If other than an Individual: | | | | By: Name: Title: | |Schedule 1 General Release
(See Attached)
GENERAL RELEASE
| 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 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 Bakery (whether currently or of them), or any other prior or existing business relationship between any of the undersigned and CINNAHOLIC (or any subsidiary or affiliate individually or collectively has asserted, may have (or any of the 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 franchise laws nor is it intended to relieve CINNAHOLIC or any other person, 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: | the operation of a CINNAHOLIC Bakery and/or the undersigned and CINNAHOLIC (or any subsidiary or affiliate of CINNAHOLIC), previously owned or operated by the undersigned or any of CINNAHOLIC), which the undersigned or any of them asserted or could have asserted against CINNAHOLIC aforementioned related parties) at any time up to the date of this General Release, including directly or indirectly, from liability imposed by the |
|---|---|
| By: | |
| Name: | |
| Title: | |
| , Individually | |
| , Individually |
CINNAHOLIC FRANCHISING, LLC ADDENDUM TO MARKET DEVELOPMENT AGREEMENT
(Minnesota)
This Addendum relates to franchises sold in Minnesota and is intended to comply with Minnesota statutes and regulations. In consideration of the execution of the Multiple Unit Development Agreement (the "Agreement"), we and you agree to amend the Agreement as follows:
-
- Application of Minnesota Law. Section 3 of the Agreement is amended by adding the following sentences at the end of such Section: "Minnesota law provides franchisees with certain termination and non-renewal rights. Minnesota Statutes Section 80C.14, subds. 3, 4 and 5 require, except in certain specified cases, that you be given 90 days notice of terminations (with 60 days to cure)."
-
- Construction. In all other respects, the Agreement will be construed and enforced with its terms.
-
- Minnesota Rule 2860.4400(D) prohibits a franchisor from requiring a franchisee to assent to a general release; a franchisee may enter into a release as a part of the voluntary settlement of disputes.
-
- Franchisee is not required to consent to Franchisor obtaining injunctive relief.
Source: Item 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, the General Release is designed to be a comprehensive release of Cinnaholic from various liabilities and claims. In exchange for the rights granted to the franchisee in connection with the operation, transfer, or renewal of the franchise, the franchisee agrees to release Cinnaholic and its affiliates from any liabilities, damages, claims, and demands, known or unknown, that may arise from the franchise relationship or any other agreements. This includes claims related to contracts, communications, alleged misrepresentations, and acts of negligence.
However, the General Release has some limitations. 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. This means that certain statutory rights of the franchisee are protected and cannot be relinquished through this release.
The General Release is governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of law provisions. Prospective Cinnaholic franchisees should carefully review the General Release with legal counsel to understand the full scope of the release and its implications for their rights and obligations.