factual

Does the acceptance of the Release by Engel & Volkers constitute an admission of liability?

Engel_Volkers Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. Release Not Admission. Franchisee [and Owner each] understands and agrees that the giving or acceptance of this Release and the agreements contained herein shall not constitute or be construed as an admission of any liability by Engel & Völkers or an admission of the validity of any Claims made by or against Engel & Völkers.

Source: Item 22 — CONTRACTS (FDD page 88)

What This Means (2025 FDD)

According to Engel & Volkers's 2025 Franchise Disclosure Document, the acceptance of the Release by Engel & Volkers does not constitute an admission of liability. The document states that the franchisee understands and agrees that neither the giving nor the acceptance of the Release should be construed as an admission of liability by Engel & Volkers, nor as an admission of the validity of any claims made by or against them. This clause is designed to protect Engel & Volkers from any implication that settling a claim or accepting a release indicates they were at fault or that the franchisee's claims had merit.

This provision is a standard legal protection for franchisors. By including this clause, Engel & Volkers aims to avoid any legal precedent or implication of guilt simply by agreeing to the terms of the release. This ensures that any settlement or release is viewed as a resolution of a dispute, rather than an acknowledgment of wrongdoing.

For a prospective franchisee, this means that signing the release does not imply that Engel & Volkers is admitting any fault. It is simply a formal agreement to resolve any existing or potential claims. Franchisees should be aware that this clause protects Engel & Volkers and does not provide any legal advantage to the franchisee in future disputes.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.