Does the Mr. Sandless release agreement specify a deadline for filing claims?
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 stipulates that the franchisee (referred to as the 'Releasor') releases Mr. Sandless (the 'Franchisor') from any and all claims, demands, damages, injuries, agreements, contracts, indebtedness, and accounts of every kind or nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, actual or potential, which the Releasor may now have or may hereafter claim to have acquired against them. This release covers all transactions of any kind or character at any time prior to and including the date of the agreement's execution.
The agreement also includes a promise from the Releasor never to institute, prosecute, commence, join in, or attempt to assert or maintain any action against Mr. Sandless in any court or tribunal for any matter or claim arising before the execution of the agreement. The document does not specify a deadline for filing claims; instead, it broadly releases Mr. Sandless from claims arising before the agreement's execution.
However, Washington residents should note that the general release does not apply to claims arising under the Washington Franchise Investment Protection Act, RCW 19.100, and its rules. This means that Washington franchisees retain certain rights and protections under Washington state law, notwithstanding the general release. If the Releasor breaches any promises, covenants, or undertakings made in the agreement, they must indemnify Mr. Sandless for all costs and expenses, including reasonable attorneys' fees, caused by the act or omission.
In essence, the release agreement aims to protect Mr. Sandless from potential legal actions related to the franchise relationship before the agreement date, with a notable exception for claims arising under Washington's franchise law. Prospective franchisees should carefully review this section with legal counsel to understand the full scope and implications of the release, particularly concerning their rights and obligations.