Who are the 'Releasees' that are released from claims in the Learningrx General Release?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
The undersigned Franchisee and its shareholders, officers, and directors (collectively "Releasor") does hereby release and forever discharge Franchisor, its successors, agents, assigns, officers, directors, shareholders, employees, representatives, and any and all other persons, firms and corporations whatsoever (collectively "Releasees"), from any and all claims, demands, damages, actions, causes of action, or suits of any kind or nature whatsoever, both known and unknown, breach of contract, defamation, and any claims whatsoever which the Releasor ever had, now has or hereinafter can, will or may have, for on or by reason of any matter, cause or thing whatsoever, through the Effective Date.
This Full, Final and Absolute Release (the "Release") shall apply to all agreements or contracts heretofore existing or entered into by and between the undersigned Franchisee and Franchisor prior to or as of the Effective Date.
It is understood and agreed that the settlement evidenced by this Release is a compromise of all claims herein specified, whether past, present or future, that such claims are doubtful and disputed, and that execution of this Release is not to be construed as an admission of liability on the part of any party.
Rather, liability is expressly denied.
The consideration expressly mentioned herein is the only consideration paid or to be paid by said parties hereby released.
No representations as to damages or liability have been made.
The parties acknowledge that no other party, or agent, or attorney of any other party, has made any promise, or representation or warranty to induce this Release, not herein expressly set forth, and no such promises, representations or warranties are relied upon as a consideration for this Release, or otherwise, but any and all of the Releasor's claims, of whatever nature are hereby fully and forever released, compromised and settled.
Source: Item 22 — CONTRACTS (FDD page 54)
What This Means (2025 FDD)
According to Learningrx's 2025 Franchise Disclosure Document, the 'Releasees' in the General Release are comprehensively defined. The General Release includes Learningrx Franchise Corporation, its successors, agents, assigns, officers, directors, shareholders, employees, representatives, and any and all other persons, firms, and corporations whatsoever.
This means that by signing the General Release, a Learningrx franchisee agrees to release all of the aforementioned parties from any and all claims, demands, damages, actions, causes of action, or suits of any kind or nature, whether known or unknown, related to breach of contract, defamation, or any other claims that the franchisee ever had, currently has, or may have in the future, up to the effective date of the release. This release applies to all agreements or contracts existing between the franchisee and Learningrx before or as of the effective date.
The document emphasizes that this release is a compromise of all specified claims, whether past, present, or future, and that executing the release does not constitute an admission of liability by any party. It also states that the consideration mentioned in the release is the only consideration paid or to be paid by the released parties. No additional promises, representations, or warranties outside of what is expressly stated in the release are to be relied upon.
Prospective Learningrx franchisees should carefully review the General Release with legal counsel to fully understand the scope of claims they are waiving and the implications of signing such a release. They should also note that the general release shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law, and does not apply with respect to claims arising under the Washington Franchise Investment Protection Act, RCW 19.100, and the rules adopted thereunder.