Who is included in the release of claims against Kitchen Solvers by the franchisee?
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.
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- Reservation of Claims Against Non-Settling Parties. Kitchen Solvers and Franchisee expressly reserve their right and claims against any non-settling persons, firms, corporations, or other entities for whatever portion or percentage their damages are found to be attributable to the wrongful conduct of said non-settling parties.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, the franchisee's release of claims extends beyond just the franchisee themselves. It encompasses their heirs, executors, administrators, insurers, attorneys, agents, representatives, successors, and assigns. This means that anyone connected to the franchisee through these roles is also bound by the release, preventing them from pursuing claims against Kitchen Solvers related to the Franchise Agreement.
In return, the release protects Kitchen Solvers and its affiliated entities. This includes their affiliated corporations, subsidiaries, divisions, insurers, indemnitors, attorneys, successors, and assigns. The release further extends to all of their past and present directors, officers, employees, attorneys, agents, assigns, and representatives in their capacities as such. This comprehensive list ensures that a wide range of individuals and entities associated with Kitchen Solvers are shielded from potential legal action by the franchisee.
The claims being released cover a broad spectrum, including all actions, suits, proceedings, claims (including attorney's fees), complaints, charges, judgments, and executions. These claims can be liquidated or unliquidated, known or unknown, asserted or unasserted, absolute or contingent, accrued or not accrued, as long as they relate to the Franchise Agreement. However, Kitchen Solvers and the franchisee retain their rights to pursue claims against non-settling parties for damages attributable to those parties' wrongful conduct.