Who are considered 'HR Releasees' that are released from claims by the Developer in the Hardees agreement?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as set forth at the end of this Section 11, Developer (on behalf of itself and its parent, subsidiaries and affiliates and their respective past and present officers, directors, shareholders, agents and employees, in their corporate and individual capacities) and all individuals who execute this Agreement (each a "Releasor" and collectively, "Releasors"), freely and without any influence, forever release and covenant not to sue HR, its parents, subsidiaries, affiliates, predecessors and successors and their respective past and present officers, directors, managers, shareholders, members, agents and employees, in their corporate and individual capacities (collectively, "HR Releasees"), from any and all claims, demands, liabilities and causes of action of whatever kind or nature, whether known or unknown, vested or contingent, suspected or unsuspected (collectively "claims"), that any Releasor now owns or holds or may in the future own or hold, based on, arising out of or relating to, in whole or in part, any fact, event, conduct or omission occurring on or before the date of this Agreement, including, without limitation, claims arising under federal, state and local laws, rules and ordinances, claims for contribution, indemnity and/or subrogation, and claims arising out of, or relating to this Agreement and all other agreements between any Releasor and any HR Releasee, the sale of a franchise to any Releasor, the development of any Franchised Restaurant and the development and operation of all other restaurants operated by any Releasor that are or were franchised by HR or its parents, subsidiaries, affiliates or predecessors.
Source: Item 23 — Receipts (FDD pages 85–541)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, the 'HR Releasees' in the general release executed by the Developer encompass a broad range of entities and individuals associated with HR. This includes HR itself, its parents, subsidiaries, affiliates, predecessors, and successors.
Furthermore, the release extends to the respective past and present officers, directors, managers, shareholders, members, agents, and employees of these entities, acting in both their corporate and individual capacities. This comprehensive definition ensures that a wide array of individuals and organizations connected to HR are protected from potential claims by the Developer.
This clause means that as a Hardees developer, you are agreeing to release all the listed parties from any claims, demands, liabilities, and causes of action that you may have against them. However, this release does not extend to claims arising from representations made in the Hardee's Franchise Disclosure Document or claims arising under applicable state or federal franchise laws regulating the offer or sale of the franchise.