What kind of release must a My Salon Suite franchisee and their principals execute before a transfer can be approved?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
- (3) Franchisee and Franchisee's principals (if Franchisee is an Entity), and the transferee (if it has had any previous relationship with Franchisor or Franchisor's Affiliates), must execute a general release under seal, in a form satisfactory to Franchisor, of any and all claims against Franchisor and Franchisor's Affiliates and officers, directors, shareholders and employees, in their corporate and individual capacities; provided, however, the release shall not be inconsistent with any applicable state statute regulating franchising;
Source: Item 23 — RECEIPTS (FDD pages 95–230)
What This Means (2025 FDD)
According to My Salon Suite's 2025 Franchise Disclosure Document, before a franchise transfer can be approved, both the franchisee and their principals (if the franchisee is an entity) must execute a general release. This release must be under seal and in a form satisfactory to My Salon Suite. It covers any and all claims against My Salon Suite, its affiliates, officers, directors, shareholders, and employees in their corporate and individual capacities.
This requirement means that as part of the transfer process, the franchisee and their principals must waive any existing or potential legal claims they might have against My Salon Suite. The release aims to protect My Salon Suite from future litigation related to the franchise agreement or the operation of the business. However, the release should not contradict any applicable state statutes regulating franchising, providing some protection to the franchisee.
For a prospective franchisee, this condition highlights the importance of understanding all potential claims or disputes before deciding to sell or transfer the franchise. It also emphasizes the need to consult with legal counsel to review the release document and ensure compliance with state laws. The transferee (buyer), if they had a prior relationship with My Salon Suite, must also sign this release.
This requirement is a fairly standard practice in franchising, as franchisors typically want to ensure a clean break and avoid future legal issues when a franchise changes hands. Franchisees should carefully consider the implications of signing such a release and seek legal advice to protect their interests.