Is a general release of Golden Krust Caribbean Restaurant required from the franchisee as a condition of transfer?
Golden_Krust_Caribbean_Restaurant Franchise · 2024 FDDAnswer from 2024 FDD Document
Our approval for a transfer shall be conditioned upon the following:
(5) you executing a general release of us, our affiliates and officers, directors and employees; and
Any provision in this Agreement requiring you to sign a general release of claims against us does not release any claim you may have under New York General Business Law, Article 33, Sections 680-695.
Source: Item 22 — CONTRACTS (FDD page 35)
What This Means (2024 FDD)
According to the 2024 Franchise Disclosure Document, a franchisee transferring their Golden Krust Caribbean Restaurant franchise is required to execute a general release of claims. This release extends to Golden Krust Caribbean Restaurant, its affiliates, officers, directors, and employees.
This requirement means that as part of the transfer process, the franchisee must waive any existing or potential future claims against the franchisor and related parties. This is a fairly standard practice in franchising to ensure a clean break and avoid future legal disputes arising from the previous franchisee's operation of the business.
In addition to the general release, the franchisee must also be in full compliance with all agreements, including meeting current system standards and paying a transfer fee of $10,000. The transferee must also meet Golden Krust Caribbean Restaurant's criteria for franchisees. However, an addendum to the franchise agreement specifies that any provision requiring a general release does not apply to claims under New York General Business Law, Article 33, Sections 680-695.