Does the Mr. Sandless release agreement cover claims arising after the date of execution?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
HIBIT 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, assig
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 that a franchisee signs releases Mr. Sandless from claims arising out of transactions occurring before the agreement's execution. Specifically, the release covers claims, demands, damages, injuries, agreements, contracts, indebtedness, and accounts of every kind, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, actual or potential, that the franchisee may have against Mr. Sandless.
This release extends to claims arising from any transactions before the date of the agreement. It includes claims at law or in equity, those arising under common law, or state or federal statutes, rules, or regulations, such as franchising, securities, and anti-trust statutes. The franchisee also promises not to institute any action against Mr. Sandless for any matter or claim arising before the agreement's execution.
However, the general release does not apply to claims arising under the Washington Franchise Investment Protection Act for Washington residents. This means that franchisees in Washington retain their rights to pursue claims under this specific law, even after signing the release.
In practical terms, a Mr. Sandless franchisee should understand that they are waiving their right to sue Mr. Sandless for any issues that occurred before signing the franchise agreement, except for specific protections granted by the Washington Franchise Investment Protection Act for Washington franchisees. It is important for prospective franchisees to carefully review all aspects of the franchise offering and conduct thorough due diligence before signing the agreement to ensure they are not unknowingly releasing any valuable claims.