What claims and rights do Franchisee and Franchisee's Principal(s) knowingly waive in the Crave General Release?
Crave Franchise · 2025 FDDAnswer from 2025 FDD Document
- (d) Franchisee and Franchisee's Principal(s) acknowledge, warrant, and represent that no promises, representations, or inducements, except as set forth in this General Release, have been offered or made by any Franchisor Released Party to secure the execution of this General Release, and that this General Release is executed without reliance on any statements or any representations not contained herein.
Franchisee and Franchisee's Principal(s) knowingly waive (1) any claim that this General Release was induced by any misrepresentation or nondisclosure, and (2) any right to rescind or avoid this General Release based upon presently existing facts, known or unknown.
FRANCHISEE AND FRANCHISEE'S PRINCIPAL(S) ON BEHALF OF THEMSELVES AND THE FRANCHISEE RELEASORS WAIVE ANY RIGHTS AND BENEFITS CONFERRED BY ANY APPLICABLE PROVISION OF LAW EXISTING UNDER ANY FEDERAL, STATE OR POLITICAL SUBDIVISION THEREOF WHICH WOULD INVALIDATE ALL OR ANY PORTION OF THE RELEASE CONTAINED HEREIN BECAUSE SUCH RELEASE MAY EXTEND TO CLAIMS WHICH THE FRANCHISEE RELEASORS DO NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTION OF THIS AGREEMENT. Franchisee and Franchisee's Principal(s) also covenant not to bring any suit, action, or proceeding, or make any demand or claim of any type, against any Released Franchisor Party with respect to any Franchisee Released Claim, and Franchisee and Franchisee's Principal(s) shall defend, indemnify, and hold harmless each of Franchisor Releasees against same.
Source: Item 23 — RECEIPTS (FDD pages 63–253)
What This Means (2025 FDD)
According to Crave's 2025 Franchise Disclosure Document, the franchisee and their principals knowingly waive certain claims and rights within the General Release. Specifically, they waive any claim that the General Release was induced by misrepresentation or nondisclosure. They also waive any right to rescind or avoid the General Release based on existing facts, whether those facts are known or unknown at the time of signing.
Furthermore, the franchisee and their principals waive any rights and benefits conferred by any applicable provision of law under any federal, state, or political subdivision that would invalidate any part of the release. This includes claims that the franchisee or their principals may not know or suspect to exist at the time of executing the agreement. They also agree not to bring any suit, action, or proceeding against any Released Franchisor Party regarding any Franchisee Released Claim.
In essence, these waivers are designed to protect Crave from potential future claims related to events occurring before the execution of the General Release. By signing the release, the franchisee acknowledges they are giving up certain legal rights and agrees not to pursue related legal actions against Crave. This type of general release is a common legal practice in franchising to provide both parties with clarity and closure regarding past dealings.