Who does the Mr. Sandless agreement benefit?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
Clerk of State Corporation | | | Division of Securities and Retail Franchising | Commission | | | 1300 East Main Street, 9th Floor | 1300 East Main Street, 1st Floor | | | Richmond, VA 23219 | Richmond, VA 23219 | | | (804) 371-9051 | (804) 371-9733 | | WASHINGTON | Mailing - Department of Financial Institutions PO Box 41200 Olympia, WA 98504-1200 Overnight - Department of Financial Institutions 150 Israel Rd SW Tumwater, WA 98501-6456 (360) 902-8760 | Department of Financial Institutions 150 Israel Rd SW Tumwater, WA 98501-6456 | | WISCONSIN | Wisconsin Securities Commissioner Securities and Franchise Registration 345 W. Washington Avenue Madison, WI 53703 (608) 266-8559 | Commissioner of Securities of Wisconsin |#### EXHIBIT E
GENERAL RELEASE
| THIS AGREEMENT ("Agreement") is made and entered into this day of, 20 | |
|---|---|
| by and between Mr. Sandless Franchise LLC, a Pennsylvania limited liability company having its principal place | |
| of business located at 2970 Concord Rd, Aston, PA 19014 (the "Franchisor"), and, a | |
| with an address at (hereinafter referred to as "Releasor"), wherein | |
| the parties hereto, in exchange for good and valuable consideration, the sufficiency and receipt of which is | |
| hereby acknowledged, and in reliance upon the representations, warranties, and comments herein are set forth, | |
| do agree as follows: |
1. Release by Releasor:
Releasor does for itself, its successors and assigns, hereby release and forever discharge generally the Franchisor and any affiliate, wholly owned or controlled corporation, subsidiary, successor or assign thereof and any shareholder, officer, director, employee, or agent of any of them, from any and all claims, demands, damages, injuries, agreements and contracts, indebtedness, accounts of every kind or nature, whether presently known or unknown, suspected or unsuspected, disclosed or undisclosed, actual or potential, which Releasor may now have, or may hereafter claim to have or to have acquired against them of whatever source or origin, arising out of or related to any and all transactions of any kind or character at any time prior to and including the date hereof, including generally any and all claims at law or in equity, those arising under the common law or state or federal statutes, rules or regulations such as, by way of example only, franchising, securities and anti-trust statutes, rules or regulations, in any way arising out of or connected with the Agreement, and further promises never from this day forward, directly or indirectly, to institute, prosecute, commence, join in, or generally attempt to assert or maintain any action thereon against the Franchisor, any affiliate, successor, assign, parent corporation, subsidiary, director, officer, shareholder, employee, agent, executor, administrator, estate, trustee or heir, in any court or tribunal of the United States of America, any state thereof, or any other jurisdiction for any matter or claim arising before execution of this Agreement. In the event Releasor breaches any of the promises covenants, or undertakings made herein by any act or omission, Releasor shall pay, by way of indemnification, all costs and expenses of the Franchisor caused by the act or omission, including reasonable attorneys' fees.
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- Releasor hereto represents and warrants that no portion of any claim, right, demand, obligation, debt, guarantee, or cause of action released hereby has been assigned or transferred by Releasor party to any other party, firm or entity in any manner including, but not limited to, assignment or transfer by subrogation or by operation of law. In the event that any claim, demand or suit shall be made or institute against any released party because of any such purported assignment, transfer or subrogation, the assigning or transferring party agrees to indemnify and hold such released party free and harmless from and against any such claim, demand or suit, including reasonable costs and attorneys' fees incurred in connection therewith. It is further agreed that this indemnification and hold harmless agreement shall not require payment to such claimant as a condition precedent to recovery under this paragraph.
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- Each party acknowledges and warrants that his, her or its execution of this Agreement is free and voluntary.
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- Pennsylvania law shall govern the validity and interpretation of this Agreement, as well as the performance due thereunder. This Agreement is binding upon and inures to the benefit of the respective assigns, successors, heirs and legal representatives of the parties hereto.
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- In the event that any action is filed to interpret any provision of this Agreement, or to enforce any of the terms thereof, the prevailing party shall be entitled to its reasonable attorneys' fees and costs incurred therein, and said action must be filed in the Commonwealth of Pennsylvania.
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- This Agreement may be signed in counterparts, each of which shall be binding against the party executing it and considered as the original.
[Washington Residents: the general release does not apply with respect to claims arising under the Washington Franchise Investment Protection Act, RCW 19.100, and the rules adopted thereunder.]
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have executed this agreement effective as of the date first above.
| Witness: | RELEASOR: |
|---|---|
| (Name) | |
| Witness: | MR. SANDLESS FRANCHISE LLC: |
| By: | |
| Name: | |
| Title: |
EXHIBIT G
FRANCHISED OUTLETS
(as of December 31, 2024
If you buy this franchise, your contact information may be disclosed to other buyers when you leave the franchise system.
FRANCHISEES:
If you buy this franchise, your contact information may be disclosed to other buyers when you leave the franchise system.
FRANCHISEES:
Alabama
Mr. Sandless Birmingham Fergus O'Brien 487 Glen Cross Cove Trussville, Alabama 35173 770-756-8353 Year Opened: 2022 Total Units Owned = 1
California
Mr. Sandless Central Sacramento Marc Manca 5325 Elkhom Blvd. #299 Sacramento, California 95842 415-269-8626 Year Opened: 2021
Total Units Owned = 1
Total Units Owned = 2
Total Units Owned = 1
Mr. Sandless Greater Monterey Bay Jim Griffith 8042 Moss Landing #30 Moss Landing, California 95039 (831) 241-8989 Year Opened: 2015
Mr. Sandless San Mateo Marc Manca and Edgardo Espinoza 5325 Elkhorn Blvd. Suite 299 Sacramento, California 95842 610-364-2080 Year Opened: 2022
Mr. Sandless Orange County Austin Carroll, Richard Carroll 23911 Wanigan Way
Laguna Niguel, California 92677 949-687-9010
Year Opened: 2022 Total Units Owned = 1
Mr. Sandless Hollister
Albert Villanueva 750 Riviera Dr. Hollister, California 95023 831-998-3310 Year Opened: 2024 Total Units Owned = 1
Colorado
Mr. Sandless North Denver Greg and Gunnar McComas 1668 Ridgecrest Dr.
Source: Item 23 — RECEIPTS (FDD pages 42–167)
What This Means (2025 FDD)
According to the 2025 Mr. Sandless Franchise Disclosure Document, the franchise agreement is designed to benefit both Mr. Sandless Franchise LLC, the franchisor, and the franchisee. The agreement outlines the obligations and rights of both parties, ensuring a structured business relationship. Mr. Sandless benefits by expanding its brand presence and collecting franchise fees, while the franchisee gains the right to operate a business under the established Mr. Sandless brand and utilize its systems and support.
However, the FDD also includes a franchisee acknowledgment statement, which outlines several disclaimers and acknowledgments by the franchisee. This statement emphasizes that the franchisee has conducted their own independent investigation, acknowledges the business risks, and has not relied on any guarantees from Mr. Sandless regarding potential profits or success. The franchisee also acknowledges receiving the Franchise Disclosure Document at least 14 days prior to signing the agreement and having the opportunity to consult with their own advisors.
Furthermore, the agreement includes a general release that applies to all parties involved, with a specific exception for claims arising under the Washington Franchise Investment Protection Act for Washington residents. The agreement also specifies that Pennsylvania law governs its validity and interpretation, and that any legal action must be filed in the Commonwealth of Pennsylvania. The prevailing party in any action to interpret or enforce the agreement is entitled to reasonable attorneys' fees and costs.
Overall, while the Mr. Sandless franchise agreement aims to create a mutually beneficial relationship, the franchisee acknowledgment statement and other provisions highlight the importance of independent investigation and assumption of business risks by the franchisee. Prospective franchisees should carefully review all aspects of the agreement and seek professional advice before making a final decision.