Does the Crepe De Licious Release allow for third-party beneficiaries?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
EXHIBIT H -1
CREPE DE LICIOUS FRANCHISE
SAMPLE GENERAL RELEASE AGREEMENT
WAIVER AND RELEASE OF CLAIMS
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
Based on the 2025 Crepe De Licious Franchise Disclosure Document, Exhibit H-1 outlines a sample general release agreement titled "Waiver and Release of Claims." While the document itself is a sample and subject to change, it does not explicitly mention third-party beneficiaries. The agreement focuses on the releasor (franchisee) waiving claims against Crepe Delicious Holding USA, Inc.
In the context of franchising, a general release is a legal document where one party agrees to waive any existing or future claims against another party. This is often used during the transfer of a franchise, as indicated by the transfer conditions outlined in section 15.03, where "we must receive general releases from you and each of your owners". The purpose is to protect Crepe De Licious from potential lawsuits or liabilities arising from the franchisee's operation.
Because the sample release agreement does not specify whether third-party beneficiaries are included, prospective franchisees should seek clarification from Crepe De Licious regarding the scope of the release and whether it extends to protect other related parties beyond the franchisor itself. Understanding the full extent of the release is crucial before signing any franchise agreement or related documents.