Is the release in the Craters & Freighters agreement considered a full and unconditional general release?
Craters_Freighters Franchise · 2025 FDDAnswer from 2025 FDD Document
The release of claims set forth in Section 4 is intended by the Franchisee Releasing Parties to be a full and unconditional general release, as that phrase is used and commonly interpreted, extending to all claims of any nature, whether or not known, expected or anticipated to exist in favor of the Franchisee Releasing Parties against the Franchisor Released Parties, regardless of whether any unknown, unsuspected or unanticipated claim would materially affect settlement and compromise of any matter mentioned herein.
In making this voluntary express waiver, the Franchisee Releasing Parties acknowledge that claims or facts in addition to or different from those which are now known to exist with respect to the matters mentioned herein may later be discovered and that it is the Franchisee Releasing Parties' intentions to hereby fully and forever settle and release any and all matters, regardless of the possibility of later discovered claims or facts.
The Franchisee Releasing Parties acknowledge that they have had adequate opportunity to gather all information necessary to enter into this Agreement and release.
This release is and shall be and remain a full, complete, and unconditional general release relating to the
Source: Item 23 — RECEIPTS (FDD pages 50–193)
What This Means (2025 FDD)
According to the 2025 Craters & Freighters Franchise Disclosure Document, the release of claims in Section 4 is intended to be a full and unconditional general release. This extends to all claims, whether known, expected, or unanticipated, that the franchisee may have against Craters & Freighters. This release covers events, acts, or omissions that occurred before the effective date of the agreement.
The franchisee agrees not to initiate or assist in any claim or legal action against Craters & Freighters for damages, injunctive relief, or any other loss or injury related to events before the agreement's effective date. The franchisee acknowledges that they have had the opportunity to gather all necessary information before entering the agreement and release.
This waiver is considered an essential and material term of the agreement, and no violation of the agreement will void the release. However, the release of claims does not apply to claims arising under the Washington Franchise Investment Protection Act, RCW 19.100, and its rules. Prospective franchisees should be aware of the broad scope of this release and seek legal counsel to fully understand its implications before signing the agreement.