What entities are released and discharged from claims by executing the Hyper Kidz Franchise Agreement?

According to the 2024 Hyper Kidz Franchise Disclosure Document, by executing the Franchise Agreement, the franchisee and any principal, both individually and on behalf of their heirs, legal representatives, successors, and assigns, release and discharge specific entities from all claims, demands, and judgments. This release pertains to claims relating to or arising under statements, conduct, claims, or any other agreement between the parties executed prior to the date of the Franchise Agreement. These claims include those presently known or unknown, suspected or unsuspected, arising under franchise, securities, tax, or antitrust laws of the United States or any state or territory.

The entities released 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.

However, this release does not apply to any claims arising from representations made by Hyper Kidz in their Franchise Disclosure Document received by the franchisee. This means a franchisee still retains the right to bring claims based on misrepresentations or omissions in the FDD itself. This is a standard clause in franchise agreements, intended to prevent franchisees from later claiming they entered the agreement based on prior understandings or agreements not contained in the FDD, while still protecting their rights regarding the FDD's content.