Who are considered 'Released Franchisor Parties' in the Hyper Kidz General Release?

According to Hyper Kidz's 2024 Franchise Disclosure Document, the 'Released Franchisor Parties' in the general release include Boomerang Franchise, LLC, Maryland Indoor Play, LLC, any other affiliates, and any parent company, subsidiaries, divisions, affiliates, successors, assigns, and designees. The release also extends to the foregoing entities' directors, officers, employees, agents, shareholders, successors, designees, and representatives.

This means that by signing the Franchise Agreement, the franchisee and any principal, both individually and on behalf of their heirs, legal representatives, successors, and assigns, agree to release and discharge all of the aforementioned parties from any claims, demands, and judgments. This release pertains to matters relating to or arising under statements, conduct, claims, or any other agreement between the parties executed prior to the date of the Franchise Agreement.

The release encompasses all claims, whether known or unknown, suspected or unsuspected, arising under franchise, securities, tax, or antitrust laws of the United States or any state or territory. However, there is an exception: the release does not apply to any claims arising from representations made by Hyper Kidz in their Franchise Disclosure Document received by the franchisee.

This clause is a standard legal protection for franchisors, aiming to prevent future litigation based on past dealings or understandings. However, the exception for claims arising from misrepresentations in the FDD provides a safeguard for franchisees, allowing them to pursue legal action if the franchisor made inaccurate or misleading statements in the disclosure document.