Under the Hyper Kidz agreement, what entities are franchisees releasing from claims?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
- BY EXECUTING THE FRANCHISE AGREEMENT, FRANCHISEE AND ANY PRINCIPAL, INDIVIDUALLY AND ON BEHALF OF FRANCHISEE'S AND SUCH PRINCIPAL'S HEIRS, LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, HEREBY FOREVER RELEASE AND DISCHARGE BOOMERANG FRANCHISE, LLC, MARYLAND INDOOR PLAY, LLC, ANY OTHER AFFILIATES AND ANY PARENT COMPANY, SUBSIDIARIES, DIVISIONS, AFFILIATES, SUCCESSORS, ASSIGNS AND DESIGNEES, AND THE FOREGOING ENTITIES' DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, SUCCESSORS, DESIGNEES AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, DEMANDS AND JUDGMENTS RELATING TO OR ARISING UNDER THE STATEMENTS, CONDUCT, CLAIMS OR ANY OTHER AGREEMENT BETWEEN THE PARTIES EXECUTED PRIOR TO THE DATE OF THE FRANCHISE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER PRESENTLY KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING UNDER THE FRANCHISE, SECURITIES, TAX OR ANTITRUST LAWS OF THE UNITED STATES OR OF ANY STATE OR TERRITORY THEREOF. THIS RELEASE SHALL NOT APPLY TO ANY CLAIMS ARISING FROM REPRESENTATIONS MADE BY FRANCHISOR IN FRANCHISOR'S FRANCHISE DISCLOSURE DOCUMENT RECEIVED BY FRANCHISEE.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to the 2024 Hyper Kidz Franchise Disclosure Document, franchisees, along with their principals, heirs, legal representatives, successors, and assigns, release Boomerang Franchise, LLC, Maryland Indoor Play, LLC, their parent companies, subsidiaries, divisions, affiliates, successors, assigns, and designees. This also includes the foregoing entities' directors, officers, employees, agents, shareholders, successors, designees, and representatives.
This release covers any and all claims, demands, and judgments relating to or arising under statements, conduct, claims, or any other agreement between the parties executed prior to the date of the Franchise Agreement. This 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, 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 that while franchisees waive rights to past claims, they retain the right to pursue claims based on misrepresentations within the FDD itself. This is a fairly standard clause in franchise agreements, intended to provide the franchisor with some protection from prior disputes while ensuring the franchisee still has recourse for FDD-related issues.