Does the Engel & Volkers franchisee represent that they have not previously assigned any claims that are the subject of the Release?

According to Engel & Volkers' 2025 Franchise Disclosure Document, the franchisee (and owner) explicitly represents and warrants that they have not previously assigned or transferred, or attempted to assign or transfer, to any third party any of the claims which are the subject of the release. This representation is part of a broader release agreement where the franchisee discharges Engel & Volkers from any and all claims, demands, and liabilities related to the franchise agreement.

This clause is significant because it ensures that Engel & Volkers is dealing directly with the franchisee regarding any potential claims and that no third party has acquired rights to those claims through assignment or transfer. This simplifies the legal landscape for Engel & Volkers, preventing potential disputes with unknown third parties who might assert claims based on the original franchisee's rights.

For a prospective Engel & Volkers franchisee, this means they must be certain that they have not previously assigned any rights or claims related to the franchise before signing the release. Failure to comply with this representation could lead to legal complications and potential breaches of the franchise agreement. This requirement is a standard practice in franchising, as franchisors typically want to ensure they are resolving disputes directly with their franchisees and not with third parties.