factual

Who is released from claims by the franchisee in the Circle K Renewal Addendum?

Circle_K Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisee, for itself and each of its past and present heirs, executors, administrators, representatives, affiliates, directors, officers, owners, successors and assigns and on behalf of any other party claiming an interest through Franchisee, in their corporate and individual capacities (collectively "Releasor"), hereby releases and forever discharges Franchisor and each of its predecessors, successors, affiliates, subsidiaries, assigns, officers, directors, shareholders, agents and employees, and their respective heirs, executors, administrators, representatives, successors and assigns, in their corporate and individual capacities (collectively "Releasees"), from, in respect of and in relation to any and all claims, actions, causes of action, suits, debts, obligations, liabilities, sums of money, costs and expenses, acts, omissions or refusals to act, damages, judgments and demands, of any kind whatsoever, joint or several, known or unknown, vested or contingent, which the Releasor ever had, now has or which Releasor hereinafter can, will or may have, against Releasees related to, arising from, for, upon or by reason of any matter, cause or thing whatsoever related to the Original Franchise Agreement and the Store, the business operated thereunder or any other agreement between Releasor and Releasees, or the relationship between Releasor and Releasees, through the Effective Date (collectively, the "Claims"), for known or unknown damages or other losses, including but not limited to any alleged violations of any deceptive or unfair trade practices laws, franchise laws, or other local, municipal, state, federal, or other laws, statutes, rules or regulations, and any alleged violations of the Original Franchise Agreement or any other related agreement between Releasor and Releasees or the relationship between Releasor and Releasees through and including the Effective Date. For avoidance of doubt, the Releasor does not release Releasees from any obligations arising by virtue of the Renewal Franchise Agreement and any claims arising from the Releasees' failure to comply with those obligations or the Franchise Disclosure Document furnished to Franchisee as part of entering into the Renewal Franchise Agreement and the franchise laws that apply to the specific offer, sale and signing of the Renewal Franchise Agreement.

Source: Item 22 — CONTRACTS (FDD page 100)

What This Means (2025 FDD)

According to Circle K's 2025 Franchise Disclosure Document, the franchisee (referred to as "Releasor") releases Circle K (referred to as "Releasees") from various claims when renewing their franchise agreement. This release covers Circle K and its predecessors, successors, affiliates, subsidiaries, assigns, officers, directors, shareholders, agents, and employees, along with their respective heirs, executors, administrators, representatives, successors, and assigns, all acting in their corporate and individual capacities.

The scope of the release includes any claims, actions, suits, debts, obligations, liabilities, costs, expenses, acts, omissions, damages, judgments, and demands related to the original franchise agreement, the store, the business operated, or any other agreement or relationship between the franchisee and Circle K. This encompasses both known and unknown issues that existed up to the effective date of the release. The release extends to potential violations of deceptive trade practices, franchise laws, or other regulations, as well as breaches of the original franchise agreement or related agreements.

However, the release does not absolve Circle K from obligations arising from the Renewal Franchise Agreement itself or from any claims resulting from Circle K's failure to comply with those obligations. It also does not cover claims arising from the Franchise Disclosure Document provided for the renewal or from franchise laws specifically related to the offer, sale, and signing of the Renewal Franchise Agreement. This ensures that the franchisee retains legal recourse for issues directly related to the renewal process and the new agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.