Does the waiver of rights in the Kitchen Solvers agreement extend to the franchisee's owners or guarantors?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
RECITALS
A. Franchisor and Franchisee entered into a KITCHEN SOLVERS Franchise Agreement dated,
- B. [NOTE: Describe the circumstances relating to the release.]
- C. Subject to and as addressed with greater specificity in the terms and conditions set forth below, Kitchen Solvers and Franchisee now desire to settle any and all disputes that may exist between them relating to the Franchise Agreement.
AGREEMENTS
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- Consideration. [NOTE: Describe the consideration paid.]
- 2-4. [NOTE: Detail other terms and conditions of the release.]
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- 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.
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- Entire Agreement. This Agreement constitutes the entire agreement between the parties relative to the subject matter contained herein, and all prior understandings, representations and
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, the franchise agreement includes provisions regarding the release of claims. Specifically, when Kitchen Solvers and a franchisee settle disputes related to the Franchise Agreement, the release of claims extends beyond the franchisee to include their heirs, executors, administrators, insurers, attorneys, agents, representatives, successors, and assigns. This comprehensive release ensures that all parties associated with the franchisee are also bound by the settlement terms, preventing future claims related to the same issues. However, Kitchen Solvers and the franchisee retain their rights and claims against non-settling parties. This means that if other entities are involved and have not participated in the settlement, both Kitchen Solvers and the franchisee can still pursue claims against them for their portion of the damages. This ensures that all potential liabilities are addressed while allowing recourse against those not party to the original settlement.
This agreement also specifies that it constitutes the entire understanding between the parties regarding the settlement's subject matter. All prior discussions, representations, and agreements are merged into this agreement, ensuring that the written terms are the final and complete expression of the settlement. This clause prevents either party from later claiming that additional unwritten agreements exist. The agreement aims to provide clarity and finality in resolving disputes, protecting both Kitchen Solvers and the franchisee from future related claims.
However, certain states like Maryland and North Dakota have specific addenda that modify these general release provisions to protect franchisees' rights under their respective state franchise laws. For example, in Maryland, any release required of prospective franchisees does not act as a waiver of liability under the Maryland Franchise Registration and Disclosure Law. Similarly, in North Dakota, any general release cannot waive liabilities under the North Dakota Franchise Investment Law. These state-specific addenda ensure that franchisees retain their statutory rights and protections, regardless of the general release terms in the franchise agreement.