What is the condition regarding the transferee's execution of a general release with respect to any representations made by the transferring franchisee for a City Publications franchise?
City_Publications Franchise · 2025 FDDAnswer from 2025 FDD Document
The transferee shall have executed a general release, in a form satisfactory to Franchisor, of any and all claims against Franchisor and its officers, directors, shareholders and employees, in their corporate and individual capacities, with respect to any representations regarding the Franchise or the business conducted pursuant thereto or any other matter that may have been made to the transferee by the transferring franchisee.
Source: Item 23 — RECEIPT (FDD pages 39–129)
What This Means (2025 FDD)
According to City Publications' 2025 Franchise Disclosure Document, a condition of the franchise transfer is that the transferee must execute a general release. This release, in a form satisfactory to City Publications, covers any and all claims against City Publications, its officers, directors, shareholders, and employees. The claims pertain to any representations regarding the franchise or the business made to the transferee by the transferring franchisee, or any other relevant matter.
This requirement means that the incoming franchisee (transferee) essentially waives their right to sue City Publications regarding any statements or information provided by the previous franchisee about the business or franchise opportunity. This protects City Publications from potential legal issues arising from the previous franchisee's actions or representations.
However, the FDD also includes amendments for certain states that may limit the scope of this general release. For example, in Rhode Island, any general release as a condition of transfer will be void with respect to claims under the Rhode Island Franchise Investment Act. Similarly, in California and Maryland, the release shall exclude claims arising under their respective franchise laws. Therefore, the enforceability and scope of the general release can vary depending on the franchisee's location and the specific state laws in place. A prospective franchisee should consult with a legal professional to understand the full implications of this release in their specific state.