factual

Does the Mr. Sandless release agreement address claims related to anti-trust statutes?

Mr_Sandless Franchise · 2025 FDD

Answer from 2025 FDD Document

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.

Source: Item 23 — RECEIPTS (FDD pages 42–167)

What This Means (2025 FDD)

According to the 2025 Mr. Sandless Franchise Disclosure Document, the release agreement does address claims related to anti-trust statutes. The agreement requires the franchisee (referred to as the 'Releasor') to release Mr. Sandless (the Franchisor) from any and all claims, encompassing those arising under common law, state, or federal statutes, including franchising, securities, and anti-trust statutes, rules, or regulations. This release covers claims related to transactions before the agreement's date.

This means that a prospective Mr. Sandless franchisee, upon signing the release, agrees to waive their right to pursue legal action against the franchisor for any claims related to these statutes, arising from events prior to the agreement. This includes potential claims related to unfair competition, monopolistic practices, or other anti-trust violations. The franchisee also promises not to initiate or participate in any legal actions against Mr. Sandless or its affiliates.

Furthermore, the Mr. Sandless agreement stipulates that if the franchisee breaches any promises or covenants within the release, they are obligated to indemnify Mr. Sandless for all costs and expenses resulting from the breach, including reasonable attorney's fees. This provision underscores the importance of understanding the implications of the release and adhering to its terms. However, Washington residents should note that the general release does not apply to claims arising under the Washington Franchise Investment Protection Act.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.