Does the Engel & Volkers franchisee represent that they have previously assigned any of the claims which are the subject of the Release?

According to the 2025 Engel & Volkers Franchise Disclosure Document, as part of the general release agreement, the franchisee (and owner) confirms that they have not previously assigned or transferred any of the claims covered by the release to a third party. This means the franchisee assures Engel & Volkers that they are the sole party entitled to the claims being released. This warranty is a standard component of release agreements to ensure clarity and prevent future disputes over who has rights to the claims being waived.

This representation protects Engel & Volkers from potential complications arising from prior assignments. If a franchisee had previously assigned a claim to someone else, that third party could still pursue the claim even after the franchisee signs the release. By requiring this representation, Engel & Volkers aims to ensure the release is comprehensive and binding.

For a prospective Engel & Volkers franchisee, this clause means they must carefully consider whether they have previously transferred any rights related to potential claims against Engel & Volkers. If there have been prior assignments, the franchisee needs to disclose this information to Engel & Volkers to ensure the release agreement accurately reflects the situation. Failure to do so could lead to legal issues down the road and invalidate the release.