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Does the Floyds 99 General Release cover claims that are currently unknown?

Floyds_99 Franchise · 2025 FDD

Answer from 2025 FDD Document

In Items 17.c. and 17.m., any releases you sign will not apply to any claims that may arise under the Indiana Franchise Disclosure Law and the Indiana Deceptive Practices Act.

  • b. Pursuant to the Code of Maryland Regulations (COMAR) 02.02.08.16L, the general release required as a condition of renewal, sale and/or assignment/transfer shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law.

Source: Item 23 — RECEIPT (FDD pages 58–229)

What This Means (2025 FDD)

Based on the 2025 Floyds 99 Franchise Disclosure Document, the General Release's applicability to unknown claims is not explicitly addressed. However, addenda for certain states modify the release's scope. Specifically, in Indiana, any releases signed will not apply to claims arising under the Indiana Franchise Disclosure Law and the Indiana Deceptive Practices Act. Similarly, in Maryland, the general release required for renewal, sale, or transfer does not apply to liabilities under the Maryland Franchise Registration and Disclosure Law.

For prospective Floyds 99 franchisees, this means the standard General Release might have broad implications, potentially covering claims that are currently unknown at the time of signing, depending on the specific state laws. However, the state-specific addenda for Indiana and Maryland carve out exceptions, ensuring that franchisees in those states retain their rights under state franchise and deceptive practices laws, regardless of the General Release.

Given the lack of explicit detail regarding the scope of the General Release and its impact on unknown claims, it is crucial for potential franchisees to carefully review the release document (Exhibit K) and any state-specific addenda with legal counsel. This will help them understand the full extent of the release and its potential impact on their rights. Prospective franchisees should also directly ask Floyds 99 about the intended scope of the General Release, specifically whether it is meant to cover unknown claims and how it interacts with various state laws to ensure full compliance and protection of franchisee rights.

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.