What is the relevance of California Civil Code Section 1542 to the Deka Lash Release?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee hereby expressly waives any and all rights conferred upon Franchisee by any statute or rule of law which provides that a release does not extend to claims which the claimant does not know or suspect to exist in its favor at the time of executing the release, which if known by it might have materially affected its settlement with the released party, including without limitation provisions of the California Civil Code Section 1542, which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE REELASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RLEASE PARTY."
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, California Civil Code Section 1542 is relevant to the general release that franchisees must sign. This section of the California Civil Code states that a general release does not extend to claims which the releasing party does not know or suspect to exist at the time of executing the release, and that, if known, might have materially affected the settlement with the released party. In simpler terms, it protects individuals from unknowingly waiving rights to claims they are not yet aware of.
However, Deka Lash requires franchisees to expressly waive any and all rights conferred upon them by any statute or rule of law, including the provisions of California Civil Code Section 1542. This means that as a Deka Lash franchisee, you are agreeing to release Deka Lash from any claims, even those you are not aware of at the time of signing the release, and even if knowing about those claims would have significantly changed your decision to settle with Deka Lash.
For a prospective Deka Lash franchisee, this waiver is a significant consideration. It means you are giving up your right to pursue claims against Deka Lash that you may not even know exist. Given this, it would be prudent for potential franchisees to seek legal counsel to fully understand the implications of waiving their rights under California Civil Code Section 1542 before signing the release.