What claims are included in the release provided by the franchisee to Dickeys Barbecue Pit?
Dickeys_Barbecue_Pit Franchise · 2024 FDDAnswer from 2024 FDD Document
- **5.
Release.
Franchisee hereby releases and forever discharges Dickey's, any parent, subsidiary, shareholder or affiliate of Dickey's, its respective officers, directors, members, employees, agents, contractors and its respective successors, assigns, heirs and personal representatives (the "Indemnified Parties") from any and all claims, demands, rights and causes of action of any kind that Franchisee now has on account of or in any way arising out of or related to the offer, sale, administration, performance, default, and termination of the Franchise Agreement.
Dickey's and Franchisee mutually intend that this release shall include, without limitation, claims, demands and 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 INCLUDES, 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 INDEMNIFIED PARTIES, BUT EXCLUDES ANY LIABILITY UNDER STATE FRANCHISE LAWS AND ANY REPRESENTATION MADE BY DICKEY'S IN ITS MOST RECENT FDD (INCLUDING EXHIBITS AND ADDENDUMS) DELIVERED TO YOU.
Further, this release includes any past and future claims, whether foreseen or unforeseen, known or unknown, disclosed or undisclosed, matured or unmatured, in law, equity or otherwise.
Source: Item 22 — CONTRACTS (FDD pages 95–96)
What This Means (2024 FDD)
According to the 2024 Dickeys Barbecue Pit Franchise Disclosure Document, the franchisee releases Dickeys, 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 issues arising from the offer, sale, administration, performance, default, or termination of the agreement.
The release encompasses claims related to misrepresentations, fraud, breaches of contract (whether implied, express, based on estoppel, waiver, or alternative theories), negligence, or breaches of any alleged special, trust, agency, or fiduciary relationship. It covers actions asserted through claims, setoffs, affirmative defenses, counterclaims, cross-claims, or third-party claims. The release specifically 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 extend to liability under state franchise laws or any representations made by Dickeys Barbecue Pit in its most recent Franchise Disclosure Document (FDD), including exhibits and addendums, delivered to the franchisee. The release covers both past and future claims, whether foreseen or unforeseen, known or unknown, disclosed or undisclosed, matured or unmatured, in law, equity, or otherwise. Franchisees also agree not to commence any legal actions or proceedings against the released parties regarding acts or omissions covered by the release.