What is the scope of the release provided by the Franchisee Releasing Parties to Focus Cfo?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties covenant and agree as follows:
Franchisee and its directors, officers, employees, subsidiaries, affiliates, agents, representatives, shareholders, successors and assigns (the "Franchisee Releasing Parties"), hereby release, remise and forever discharge Focus CFO and its directors, officers, employees, subsidiaries, affiliates, agents, representatives, shareholders, successors and assigns (the "Focus CFO Released Parties"), from any and all claims, damages, losses, injuries, suits, debts, liabilities, sums of money, accounts, covenants, controversies, demands, actions, rights and causes of action of whatever kind or nature, at law or in equity, known or unknown, asserted or unasserted, suspected or unsuspected, foreseen or unforeseen, anticipated or unanticipated, accrued or unaccrued, made, brought, or which could have been made or brought, that the Franchisee Releasing Parties may have had or may presently have, against the Focus CFO Released Parties solely in connection with or pertaining to the Franchise Agreement, the business operated under the Franchise Agreement, and/or any other agreement between the Franchisee Releasing Parties and the Focus CFO Released Parties. The Franchisee Releasing Parties also covenant not to sue or otherwise bring a claim against the Focus CFO Released Parties regarding any of the claims being released under this Release. The Franchisee Releasing Parties hereby acknowledge that this release is intended to be a full and unconditional release, as that phrase is used and commonly interpreted, extending to all claims of any nature, whether or not known, expected or anticipated to exist.
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 Focus Cfo Franchise Disclosure Document, the Franchisee Releasing Parties provide a comprehensive release to Focus Cfo and its related parties. This release covers all potential claims, damages, losses, injuries, suits, debts, liabilities, sums of money, accounts, covenants, controversies, demands, actions, rights, and causes of action, regardless of their nature or whether they are known or unknown, asserted or unasserted, suspected or unsuspected, foreseen or unforeseen, anticipated or unanticipated, accrued or unaccrued. This release extends to any claims made, brought, or that could have been made or brought by the Franchisee Releasing Parties against the Focus Cfo Released Parties.
The scope of this release is specifically limited to matters connected with or pertaining to the Franchise Agreement, the business operated under the Franchise Agreement, and/or any other agreement between the Franchisee Releasing Parties and the Focus Cfo Released Parties. The Franchisee Releasing Parties also agree not to initiate any lawsuits or claims against the Focus Cfo Released Parties concerning any of the claims being released.
Focus Cfo emphasizes that this release is intended to be a full and unconditional one, covering all claims of any nature, whether or not they are known, expected, or anticipated to exist. This type of release is a common legal practice in franchising, designed to protect the franchisor from future litigation related to the franchise relationship. A prospective franchisee should carefully review this clause with legal counsel to fully understand its implications before signing the Franchise Agreement.