Does the My Salon Suite release cover claims arising from the offer and sale of the franchise?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Release. Releasor and its subsidiaries, affiliates, parents, divisions, successors and assigns, and all persons or firms claiming by, through under, or on behalf of any or all of them, hereby release, acquit, and forever discharge Franchisor, any and all of its affiliates, parents, subsidiaries, or related companies, divisions, and partnerships, and its and their past and present officers, directors, agents, partners, shareholders, employees, representatives, successors and assigns, and attorneys, and the spouses of such individuals (collectively, the "Released Parties"), from any and all claims, liabilities, damages, expenses, actions, or causes of action which Releasor may now have or has ever had, whether known or unknown, past or present, absolute or contingent, suspected or unsuspected, of any nature whatsoever, including without limiting the generality of the foregoing, all claims, liabilities, damages, expenses, actions, or causes of action directly or indirectly arising out of or relating to Franchised Business, the execution and performance of the Agreement and the offer and sale of the franchise related thereto.
Source: Item 6 — Other Intangibles and Goodwill (FDD pages 274–314)
What This Means (2025 FDD)
According to My Salon Suite's 2025 Franchise Disclosure Document, the general release includes claims, liabilities, damages, expenses, actions, or causes of action directly or indirectly arising out of or relating to the franchised business, the execution and performance of the agreement, and the offer and sale of the franchise related thereto. This means that by signing the release, the franchisee is waiving their rights to sue My Salon Suite (the Franchisor) for issues related to the franchise agreement, including how the franchise was offered and sold.
The release extends to the franchisee (Releasor) and its subsidiaries, affiliates, parents, divisions, successors, and assigns, as well as anyone claiming through them. It also protects My Salon Suite, its affiliates, parents, subsidiaries, related companies, divisions, partnerships, officers, directors, agents, partners, shareholders, employees, representatives, successors, assigns, attorneys, and their spouses (collectively, the "Released Parties").
The document also specifies that the Releasor represents and warrants they are authorized to enter into the release and have not assigned or transferred any rights or claims against My Salon Suite. Furthermore, the Releasor agrees not to disparage My Salon Suite or any of the Released Parties. This indicates that the release is intended to be comprehensive, preventing future legal actions or negative statements against the franchisor.