Does the release provided to Eos Worldwide cover claims related to the franchise agreement?
Eos_Worldwide Franchise · 2025 FDDAnswer from 2025 FDD Document
with a covenant of lesser scope or duration which would be enforceable and you shall continue to be bound by all other provisions of these sections which are valid and enforceable.
17. TERMINATION.
17.1 By Franchisee.
If you are in full compliance with this Agreement, then subject to the other provisions of this Agreement, including those in this Section 17.1, you may terminate this Agreement:
- (a) at any time prior to registering for Boot Camp, with at least ten (10) days' prior written notice to us; or
- (b) at any other time, with at least sixty (60) days' prior written notice to us provided, that, you must continue to pay your Membership Fees through your termination date.
By exercising your right to terminate this Agreement pursuant to this Section 17.1, you acknowledge that you will not be entitled to any refunds of any portion of the Initial Franchise Fee, the Boot Camp Fee, or any Membership Fees or any other fees or amounts paid to us or our affiliates under this Agreement in connection with such termination, and further provided that any such termination shall be conditioned on you signing a general release effective as of your termination date in the form set forth on Exhibit A attached hereto (or any other form required by or acceptable to us) in favor of us and our affiliates, and our and our affiliates' respective members, owners, officers, directors, employees, consultants, advisors
Source: Item 23 — RECEIPTS (FDD pages 74–246)
What This Means (2025 FDD)
According to Eos Worldwide's 2025 Franchise Disclosure Document, the general release that a franchisee must sign upon termination covers claims related to the franchise agreement. Specifically, if a franchisee chooses to terminate the agreement, the termination is conditional on signing a general release. This release favors Eos Worldwide and its affiliates, including their members, owners, officers, directors, employees, consultants, advisors, agents, successors, and assigns, both in their corporate and individual capacities.
The release covers all claims arising out of or related to the franchise agreement or the franchise itself, up to and including the termination date. However, there is an exception for claims and causes of action that cannot be released under applicable law. This means that while most claims are waived, any legal rights that cannot be waived by law remain protected.
Additionally, a similar release is required from the franchisee upon renewal of the franchise agreement. To renew their franchise term, franchisees must sign a general release in favor of Eos Worldwide and its affiliates, covering all claims related to the agreement or the franchise through the date of the release. This ensures that Eos Worldwide is protected from potential legal claims both at the end of a franchise term and upon renewal.
Prospective franchisees should carefully review the form of general release (Exhibit A) and understand the implications of waiving their rights before signing the franchise agreement or any renewal agreements. It is advisable to seek legal counsel to fully understand the scope of the release and any rights that may not be waivable under applicable law.