Does the release in the Mr. Sandless agreement cover claims that are currently unknown?
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, 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.
Source: Item 23 — RECEIPTS (FDD pages 42–167)
What This Means (2025 FDD)
According to the 2025 Mr. Sandless Franchise Disclosure Document, the release provided by the franchisee (Releasor) extends to claims that are currently unknown or unsuspected. Specifically, the Releasor releases Mr. Sandless (the Franchisor) from any claims, demands, damages, injuries, agreements, contracts, indebtedness, and accounts, regardless of their nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, and actual or potential. This release covers any claims the Releasor may have now or in the future against Mr. Sandless.
This broad release encompasses all transactions prior to the agreement date and includes claims at law or in equity, arising under common law or state/federal statutes, rules, or regulations, such as those related to franchising, securities, and anti-trust matters. The franchisee also promises not to initiate or prosecute any action against Mr. Sandless or its affiliates in any court or tribunal for matters arising before the execution of the agreement.
However, it's important to note that Washington residents have an exception: the general release does not apply to claims arising under the Washington Franchise Investment Protection Act, RCW 19.100, and its associated rules. Additionally, the Franchisee Acknowledgment Statement includes a provision that no statement signed by a franchisee can waive claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Mr. Sandless. This provision supersedes any other term in documents related to the franchise, offering some protection to franchisees in all states regarding specific legal rights and claims.