In the Kitchen Solvers agreement, what is the franchisee releasing?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
- Release of Claims by Franchisee. In consideration of the other terms and conditions of this Agreement, the receipt and sufficiency of which is hereby acknowledged, Franchisee, for himself and for each of his heirs, executors, administrators, insurers, attorneys, agents, representatives, successors, and assigns, does hereby release and forever discharge Kitchen Solvers and each of its respective affiliated corporations, subsidiaries, divisions, insurers, indemnitors, attorneys, successors, and assigns, together with all of their past and present directors, officers, employees, attorneys, agents, assigns and representatives in their capacities as such, of and from any and all actions, suits, proceedings, claims (including, but not limited to, claims for attorney's fees), complaints, charges, judgments, executions, whether liquidated or unliquidated, known or unknown, asserted or unasserted, absolute or contingent, accrued or not accrued, related to the Franchise Agreement.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, the franchisee is releasing Kitchen Solvers from any and all legal actions, claims, and suits related to the Franchise Agreement. This includes claims for attorney's fees, complaints, charges, judgments, and executions, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or not accrued. This release extends to Kitchen Solvers' affiliated corporations, subsidiaries, divisions, insurers, indemnitors, attorneys, successors, and assigns, as well as their past and present directors, officers, employees, attorneys, agents, assigns, and representatives.
However, Kitchen Solvers and the franchisee retain their rights and claims against non-settling parties for damages attributable to their wrongful conduct. This means that if a third party is involved in a dispute, Kitchen Solvers and the franchisee can still pursue claims against them.
It's important to note that addenda to the Kitchen Solvers Franchise Agreement for certain states like Maryland, North Dakota, California and New York, modify the release provisions. For example, the general release may not apply to liabilities under the Maryland Franchise Registration and Disclosure Law, or act as a release of any liability under the North Dakota Franchise Investment Law or California Corporations Code. Similarly, in New York, any provision requiring a general release of claims against the franchisor does not release any claim the franchisee may have under the New York General Business Law, Article 33, Sections 680-695. These state-specific addenda ensure that franchisees retain certain rights and protections under their respective state laws, despite the general release clause in the Franchise Agreement.
Prospective Kitchen Solvers franchisees should carefully review the Franchise Agreement and any state-specific addenda with legal counsel to fully understand the scope of the release and their rights under applicable laws.