What does the Releasor covenant not to do regarding claims against Fly To Fit?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
- **2.
Covenant Not to Sue.** Releasor (on behalf of all Releasing Parties) covenants not to initiate, prosecute, encourage, assist, or (except as required by law) participate in any civil, criminal, or administrative proceeding or investigation in any court, agency, or other forum, either affirmatively or by way of cross-claim, defense, or counterclaim, against any Released Party with respect to any Claim.
Source: Item 23 — RECEIPTS (FDD pages 44–134)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, the Releasor agrees not to initiate, prosecute, encourage, assist, or participate in any legal proceedings against the Released Parties (which include Fly To Fit Franchise, its affiliates, and their respective directors, officers, shareholders, employees, and agents) with respect to any Claim. This includes civil, criminal, or administrative proceedings or investigations in any court, agency, or other forum, whether pursued affirmatively or defensively through cross-claims, defenses, or counterclaims.
In simpler terms, the Releasor promises not to sue Fly To Fit or help others sue Fly To Fit regarding any claims covered by the release. This covenant is broad, encompassing various forms of legal action and participation. This is part of a General Release form that Fly To Fit may require a franchisee to sign in circumstances such as a renewal of their franchise or as a condition of Fly To Fit's approval of a sale of their franchise.
This provision is significant because it limits the franchisee's ability to pursue legal remedies against Fly To Fit, even if they believe they have a valid claim. Franchisees should carefully consider the implications of this covenant and seek legal advice before signing such a release. It is important to understand what rights are being waived and whether the release is justified in the context of the specific situation, such as a franchise renewal or sale.