Are spouses of owners required to sign the general release agreement for Cream?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
GUARANTOR(S) SPOUSE(S) Sign: Sign: Address: Address: Email Address: Email Address: Sign: Sign: Address: Address: Email Address: Email Address: Sign: Sign: Address: Address: Email Address: Email Address:You and your owners, jointly and severally, on behalf of themselves and their spouses and immediate family members, and each such foregoing person's or entity's respective affiliates, employees, owners, officers, directors, successors, assigns, spouses and immediate family members (the "Releasing Parties") hereby fully and forever unconditionally release and discharge us and our current and former affiliates, parents, subsidiaries, franchisees, area developers, owners, agents, insurers and our and their respective affiliates, employees, officers, directors, successors, assigns, owners, guarantors and other representatives (the "Franchisor Parties"), of and from any and all claims, obligations, debts, proceedings, demands, causes of action, rights to terminate and rescind, liabilities, losses, damages, and rights of every kind and nature whatsoever, and known or unknown, suspected or unsuspected, whether at law or in equity, which any of them has, had, or may have against any of the Franchisor Parties, from the beginning of time to the date of this document (together, Claims"), including any and all Claims in any way arising out of or relating to the Agreement or the relationship of the Releasing Parties with any of the Franchisor Parties. You and your owners, on your own behalf and the other Releasing Parties, further covenant not to sue any of the Franchisor Parties on any of the Claims released by this paragraph and represent that you have not assigned any of the Claims released by this paragraph to any individual or entity.
Source: Item 23 — RECEIPTS (FDD pages 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, the General Release Agreement includes signature lines for both the franchisee/owner and their spouse. The document states that the franchisee and their owners, on behalf of themselves, their spouses, and immediate family members, release Cream from any and all claims.
This means that as part of the franchise agreement, Cream requires a general release to be signed not only by the franchisee but also by their spouse. This release covers any claims against Cream and its affiliates. The spouse's signature indicates their agreement to release Cream from any potential claims they may have, either known or unknown.
Prospective franchisees should carefully review the General Release Agreement and understand its implications. It is advisable to seek legal counsel to fully comprehend the scope of the release and its potential impact on the franchisee and their spouse. Franchisees should also consider the implications of the non-compete and non-interference clauses for themselves, their spouses, and other family members, as these clauses extend to them as well.