What is the scope of the release provided by the Cool Binz franchisor to the franchisee?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
tate], and [Corp/LLC,] ("Franchisee") and shall be effective as of the date of the last signature below.
W I T N E S S E T H:
WHEREAS, FRANCHISOR and FRANCHISE OWNER(S) entered into Franchise Agreement on the [date] (the "Franchise Agreements") for the operation of a COOL BINZ business in a defined territory(s) in the state of [State] (the "Business"), which Franchise Agreements is being renewed;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by and between each of the parties, it is agreed and understood as follows:
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- FRANCHISE OWNER(S) and FRANCHISOR have agreed upon new renewal Franchise Agreements, to be executed contemporaneously with this Mutual Release, which will replace your original Franchise Agreements, thus continuing FRANCHISE OWNER(S) rights to operate a COOL BINZ business within a Territory, as defined in the Franchise Agreement in the State of [State].
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- In reliance upon the execution of renewal Franchise Agreements, the parties agree to the following mutual releases:
- A. FRANCHISE OWNER(S) and FRANCHISEE, for themselves and for their employees, agents, heirs, successor and assigns, and for every other person, firm, entity, and/or corporation succeeding to the interest of FRANCHISE OWNER(S) and/or FRANCHISEE, hereby releases, acquits, and forever discharges FRANCHISOR and its directors, officers, shareholders, employees, agents, legal representatives, successors and assigns, and every other person, firm, entity, and/or corporation succeeding to its interests, from any and all claims, actions, causes of action, demands, costs, losses, expenses and suits whatsoever and of every conceivable kind, character, and nature, whether absolute or contingent, and whether known or unknown, which either party may have against the other, by reason of, or arising out of, or in any way related to any acts or omissions of the other party occurring prior to the date of this Release.
- B. FRANCHISOR, for themselves and for their employees, agents, heirs, successor and assigns, and for every other person, firm, entity, and/or corporation succeeding to the interest of FRANCHISOR, hereby releases, acquits, and forever discharges FRANCHISE OWNER(S) and/or FRANCHISEE and their directors, officers, shareholders, employees, agents,
legal representatives, successors and assigns, and every other person, firm, entity, and/or corporation succeeding to its interests, from any and all claims, actions, causes of action, demands, costs, losses, expenses and suits whatsoever and of every conceivable kind, character, and nature, whether absolute or contingent, and whether known or unknown, which either party may have against the other, by reason of, or arising out of, or in any way related to any acts or omissions of the other party occurring prior to the date of this Release.
C.
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to the 2025 Cool Binz Franchise Disclosure Document, the scope of the release provided by Cool Binz to the franchisee includes mutual releases upon renewal of the franchise agreement. Specifically, the franchisee releases Cool Binz from any and all claims, actions, causes of action, demands, costs, losses, expenses, and suits of every conceivable kind that the franchisee may have against Cool Binz. This release covers issues arising out of or related to any acts or omissions of Cool Binz occurring prior to the date of the release.
Similarly, Cool Binz releases the franchisee from any and all claims, actions, causes of action, demands, costs, losses, expenses, and suits of every conceivable kind that Cool Binz may have against the franchisee. This also pertains to issues related to any acts or omissions of the franchisee occurring prior to the date of the release.
However, these general releases do not apply to the extent prohibited by applicable law with respect to claims which arise under Minn. Rule 2860.4400D, which prohibits Cool Binz from requiring a general release that would relieve any person from liability imposed by Minnesota Statutes, Chapter 80C. Additionally, no statement, questionnaire, or acknowledgement signed by a franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Cool Binz or its representatives. This provision supersedes any other term in any document related to the franchise.