What claims does the Franchisee release Dickeys Barbecue Pit from, arising out of the Franchise Agreement?
Dickeys_Barbecue_Pit Franchise · 2024 FDDAnswer from 2024 FDD Document
representatives (the "Released Parties") from any and all claims, demands, rights and causes of action of any kind that Franchisee now has or will have in the future, whether known or unknown, arising out of the offer, sale, administration, performance, default, and/or termination of the Franchise Agreement, including any claims or causes of action arising out of alleged misrepresentations, fraud, breaches of contract (based upon implied, express, estoppel, waiver, or alternative theories of contractual obligation), negligence, or breach of any alleged special, trust, agency or fiduciary relationship (if any), whether asserted or proposed to be asserted by way of claim, setoff, affirmative defense, counterclaim, cross-claim or third party claim. THIS RELEASE EXPRESSLY INCUDES, BUT IS NOT LIMITED TO, ANY ACT OR OMISSION OF NEGLIGENCE, FRAUD, MISREPRESENTATIONS, BREACH OF FIDUCIARY DUTIES, BREACH OF WARRANTIES, BREACH OF CONTRACT, AND ANY EXTRA-CONTRACTUAL CLAIMS COMMITTED OR ALLEGEDLY COMMITTED BY THE RELEASED PARTIES, PROVIDED, HOWEVER, THAT NOTHING CONTAINED IN THIS RELEASE IS INTENDED TO DISCLAIM OR REQUIRE FRANCHISEE TO WAIVE RELIANCE ON ANY REPRESENTATION THAT DICKEY'S MADE IN THE FRANCHISE DISCLOSURE DOCUMENT THAT DICKEY'S PROVIDED TO FRANCHISEE. This Release shall survive termination of the Franchise Agreement, as modified by this Addendum, and is in addition to any other release or similar agreement in the Franchise Agreement or other agreement between Dickey's and Franchisee. With regard to any acts or omissions covered under this Release, Franchisee agrees not to commence any action, lawsuit, or legal proceeding, or file any charge or complaint with any federal, state, or local agency, against the Released Parties.
Source: Item 22 — CONTRACTS (FDD pages 95–96)
What This Means (2024 FDD)
According to Dickey's Barbecue Pit's 2024 Franchise Disclosure Document, the franchisee releases Dickey's, its parents, subsidiaries, shareholders, affiliates, officers, directors, members, employees, agents, contractors, successors, assigns, heirs, and personal representatives from all claims, demands, rights, and causes of action related to the Franchise Agreement. This includes claims that the franchisee currently has or may have in the future, whether known or unknown. These claims arise from the offer, sale, administration, performance, default, or termination of the Franchise Agreement.
The release specifically covers claims related to alleged misrepresentations, fraud, breaches of contract (whether implied, express, based on estoppel, waiver, or alternative theories), negligence, or breach of any alleged special, trust, agency, or fiduciary relationship. The claims are released regardless of whether they are asserted through a claim, setoff, affirmative defense, counterclaim, cross-claim, or third-party claim. The release includes acts or omissions of negligence, fraud, misrepresentations, breach of fiduciary duties, breach of warranties, breach of contract, and any extra-contractual claims allegedly committed by the released parties.
However, the release does not require the franchisee to waive reliance on any representation that Dickey's made in the Franchise Disclosure Document (FDD) provided to the franchisee. The franchisee also agrees not to commence any action, lawsuit, or legal proceeding, or file any charge or complaint with any federal, state, or local agency against the released parties concerning the acts or omissions covered by the release. This release survives the termination of the Franchise Agreement and is in addition to any other release or similar agreement between Dickey's and the franchisee. In Maryland, the addendum states that no release language shall relieve Dickey's from liability imposed by the laws concerning franchising of the State of Maryland.