Does the Cinnaholic General Release survive the assignment or termination of franchise agreements?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 42–50)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, the General Release signed by the franchisee survives both the assignment and termination of any franchise agreements. This means that even if the franchise agreement is transferred to another party or terminated, the release remains in effect.
The General Release covers Cinnaholic, its subsidiaries, affiliates, shareholders, owners, directors, officers, managers, members, partners, employees, agents, representatives, successors, and assigns. It protects these parties from any liabilities, damages, claims, demands, costs, expenses, debts, indemnities, suits, disputes, controversies, actions, and causes of action related to the franchise relationship. This includes issues arising from the operation of a Cinnaholic Bakery, any prior or existing business relationship, or any agreements between the franchisee and Cinnaholic.
However, the General Release does not act as a waiver of rights that cannot be waived under applicable state franchise laws. It is also not intended to relieve Cinnaholic 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 the General Release with their legal counsel to fully understand its implications and how it affects their rights and obligations under the franchise agreement.