Who does the franchisee release and forever discharge in relation to Dickeys Barbecue Pit?
Dickeys_Barbecue_Pit Franchise · 2024 FDDAnswer from 2024 FDD Document
- L. RELEASE: Franchisee hereby releases and forever discharges Dickey's, any parent, subsidiary, related entity, shareholder, and affiliate of Dickey's, its respective officers, directors, members, employees, agents, contractors and its respective successors, assigns, heirs and personal 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 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 RELEASED PARTIES, PROVIDED, HOWEVER, THAT NOTHING CONTAINED IN THIS RELEASE IS INTENDED
Source: Item 22 — CONTRACTS (FDD pages 95–96)
What This Means (2024 FDD)
According to Dickeys Barbecue Pit's 2024 Franchise Disclosure Document, the franchisee releases and forever discharges Dickey's, its parents, subsidiaries, related entities, shareholders, and affiliates. This release extends to their respective officers, directors, members, employees, agents, contractors, successors, assigns, heirs, and personal representatives, collectively referred to as the "Released Parties".
This release covers any and all claims, demands, rights, and causes of action that the franchisee currently has or may have in the future. These claims can arise from various aspects of the franchise agreement, including the offer, sale, administration, performance, default, or termination of the agreement. It also encompasses claims related to alleged 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.
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, it does not require the franchisee to waive reliance on any representations made by Dickey's in the Franchise Disclosure Document provided to the franchisee. This release survives the termination of the Franchise Agreement and is in addition to any other release agreements between Dickey's and the franchisee.
In practical terms, this means a franchisee gives up the right to sue Dickeys Barbecue Pit and related parties for a wide range of potential issues, from pre-sale misrepresentations to problems during the franchise term or at termination. The exception for representations in the FDD is important, but franchisees should still consult with an attorney to fully understand the scope of this release and its implications for their specific situation. Such releases are common in franchising, but their specific terms can vary significantly.