Under the Crave agreement, what entities are Franchisee releasing from claims related to the agreement?
Crave Franchise · 2025 FDDAnswer from 2025 FDD Document
granted by the Franchise Agreement.
Initial
- Franchisee is aware of the fact that other present or future franchisees of Franchisor may operate under different forms of agreement(s), and consequently that Franchisor's obligations and rights with respect to its various franchisees may differ materially in certain circumstances.
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- It is recognized by the parties that Franchisor is also (or may become) a manufacturer or distributor of certain products or services under the Marks licensed herein; and it is understood that Franchisor does not warrant that such products or services will not be sold within Franchisee's Territory by others who may have purchased such products or services from Franchisor.
Initial
- BY EXECUTING THE FRANCHISE AGREEMENT, FRANCHISEE AND ANY PRINCIPAL, INDIVIDUALLY AND ON BEHALF OF FRANCHISEE'S AND SUCH PRINCIPAL'S HEIRS, LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, HEREBY FOREVER RELEASE AND DISCHARGE CRAVE FRANCHISING, LLC AND ANY OF ITS PARENT COMPANY, SUBSIDIARIES, DIVISIONS, AFFILIATES, SUCCESSORS, ASSIGNS AND DESIGNEES, AS WELL AS THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SHAREHOLDERS FROM ANY AND ALL CLAIMS, DEMANDS AND JUDGMENTS RELATING TO OR ARISING UNDER THE STATEMENTS, CONDUCT, CLAIMS OR ANY OTHER AGREEMENT BETWEEN THE PARTIES EXECUTED PRIOR TO THE DATE OF THE FRANCHISE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER PRESENTLY KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING UNDER THE FRANCHISE, SECURITIES, TAX OR ANTITRUST LAWS OF THE UNITED STATES OR OF ANY STATE OR TERRITORY THEREOF.
Source: Item 23 — RECEIPTS (FDD pages 63–253)
What This Means (2025 FDD)
According to Crave's 2025 Franchise Disclosure Document, by executing the franchise agreement, the franchisee, along with any principal, individually and on behalf of their heirs, legal representatives, successors, and assigns, releases Crave Franchising, LLC and its parent company, subsidiaries, divisions, affiliates, successors, assigns, and designees. This release also extends to their directors, officers, employees, agents, and shareholders.
The release covers any and all claims, demands, and judgments relating to or arising under statements, conduct, claims, or any other agreement between the parties executed prior to the date of the franchise agreement. This includes all claims, whether known or unknown, suspected or unsuspected, arising under franchise, securities, tax, or antitrust laws of the United States or any state or territory.
However, this release does not apply to any claims arising from representations made by Crave in its Franchise Disclosure Document received by the franchisee. This means a franchisee still retains the right to bring claims against Crave based on misrepresentations made within the FDD itself. Franchisees and their principals also waive any rights and benefits conferred by any applicable provision of law that would invalidate any portion of the release, even if the claims are unknown or unsuspected at the time of signing the agreement.