Does the Pearce Bespoke General Release cover claims that are unknown at the time of signing?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
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 the execution and performance of the Agreement and the
offer and sale of the franchise related thereto, except to the extent such liabilities are payable by the applicable indemnified party in connection with a third party claim.
Source: Item 23 — RECEIPTS (FDD pages 39–172)
What This Means (2025 FDD)
According to Pearce Bespoke's 2025 Franchise Disclosure Document, the General Release of Claims does cover claims that are unknown at the time of signing. The release explicitly states that the franchisee releases Pearce Bespoke from any and all claims, liabilities, damages, expenses, actions, or causes of action which the franchisee may now have or has ever had, whether known or unknown, past or present, absolute or contingent, suspected or unsuspected, of any nature whatsoever.
This means that by signing the General Release, a Pearce Bespoke franchisee is waiving their right to sue Pearce Bespoke for any issue, even if they are not currently aware of the issue. This could include hidden problems or future legal theories that have not yet been developed. The release extends to a wide range of potential claims, encompassing both current and future, known and unknown issues.
However, the General Release of Claims will not apply to claims arising under the Franchise Investment Protection Act, Chapter 19.100 RCW, or the rules adopted thereunder. Additionally, Washington State franchisees receive further protection, as the release does not apply to claims arising under the Franchise Investment Protection Act, Chapter 19.100 RCW, in accordance with RCW 10.100.220(2). A franchisee should carefully consider the implications of this broad release and consult with an attorney before signing it.