Who is the 'Releasor' in the Crave Cookies General Release?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
This General Release ("Release") is executed by the undersigned ("Releasor") in favor of Crave Cookies Franchising, LLC, a Utah limited liability company ("Crave Cookies Franchising").
Background Statement: [describe circumstances of Release]
Releasor agrees as follows:
- **1.
Release.** Releasor (on behalf of itself and its parents, subsidiaries and affiliates and their respective past and present officers, directors, shareholders, managers, members, partners, agents, and employees (collectively, the "Releasing Parties")) hereby releases Crave Cookies Franchising, its affiliates, and their respective directors, officers, shareholders, employees, and agents (collectively, the "Released Parties") from any and all claims, causes of action, suits, debts, agreements, promises, demands, liabilities, contractual rights and/or obligations, of whatever nature, known or unknown, which any Releasing Party now has or ever had against any Released Party based upon and/or arising out of events that occurred through the date hereof, including without limitation, anything arising out of the Franchise Agreement (collectively, "Claims").
- **2.
Covenant Not to Sue.** Releasor (on behalf of all Releasing Parties) covenants not to initiate, prosecute, encourage, assist, or (except as required by law) participate in any civil, criminal, or administrative proceeding or investigation in any court, agency, or other forum, either affirmatively or by way of cross-claim, defense, or counterclaim, against any Released Party with respect to any Claim.
- **3.
Representations and Acknowledgments.** Releasor represents and warrants that: (i) Releasor is the sole owner of all Claims, and that no Releasing Party has assigned or transferred, or purported to assign or transfer, to any person or entity, any Claim; (ii) Releasor has full power and authority to sign this Release; and (iii) this Release has been voluntarily and knowingly signed after Releasor has had the opportunity to consult with counsel of Releasor's choice.
Source: Item 23 — RECEIPTS (FDD pages 47–194)
What This Means (2025 FDD)
According to Crave Cookies' 2025 Franchise Disclosure Document, the 'Releasor' in the General Release is the party signing the release in favor of Crave Cookies Franchising, LLC. This party agrees to release Crave Cookies Franchising from any and all claims, causes of action, and liabilities. The Releasor acts on behalf of themselves, their parents, subsidiaries, affiliates, and their respective past and present officers, directors, shareholders, managers, members, partners, agents, and employees, collectively known as the 'Releasing Parties.'
This means that when a franchisee or other relevant party signs the General Release, they are giving up their right to sue Crave Cookies Franchising, its affiliates, and their respective personnel for any known or unknown issues arising up to the date of the release. This includes anything related to the Franchise Agreement. The Releasor also agrees not to participate in any legal proceedings against Crave Cookies Franchising.
Crave Cookies may require a general release in specific circumstances, such as when a franchisee renews their franchise agreement or as a condition for approving the sale of a franchise. The FDD states that the General Release form is not signed when purchasing a franchise initially. The Releasor also confirms they have the authority to sign the release and have had the opportunity to consult with legal counsel.
Prospective franchisees should carefully consider the implications of signing such a release, as it can significantly impact their legal rights. It is advisable to seek independent legal advice before signing any general release to fully understand the scope of the claims being waived and the potential consequences.