Does the Zoomin Groomin Franchise Agreement include a schedule for Release?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Release- Franchisee and all Franchises' guarantors, members, employees, agents, successors, assigns and affiliates fully and finally release and forever discharge Releasee, its past and present agents, employees, officers, directors, members, Area Representatives, Franchisees, successors, assigns and affiliates (collectively "Released Parties") from any and all claims, actions, causes of action, contractual rights, demands, damages, costs, loss of services, expenses and compensation which Area Representative could assert against Released Parties or any of them up through and including the date of this Release.
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- THIS IS A SPECIFIC RELEASE GIVING UP ALL RIGHTS WITH RESPECT TO THE TRANSACTIONS OR OCCURRENCES THAT ARE BEING RELEASED UNDER THIS AGREEMENT.
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- California Releasor- You represent and warrant that YOU EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS UNDER CALIFORNIA CIVIL CODE §1542, which provides as follows:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
- This Release Agreement does not apply to any liabilities arising under the California Franchise Investment Law, the California Franchise Relations Act, Indiana Code § 23-2- 2.5.1 through 23-2-2.7-7, the Maryland Franchise Registration and Disclosure Law, Michigan Franchise Investment Law, Minnesota Franchise Act, North Dakota franchise laws, the Rhode Island Investment Act, and the Washington Franchise Investment Protection Act, Chapter 19.100 RCW, or the rules adopted thereunder.
Source: Item 9 — 01. Financial Statements and Exhibits. (FDD pages 68–156)
What This Means (2025 FDD)
According to the 2025 Zoomin Groomin Franchise Disclosure Document, the Franchise Agreement includes a release. Specifically, the franchisee and all guarantors, members, employees, agents, successors, assigns, and affiliates fully and finally release and forever discharge Zoomin Groomin and its related parties from any and all claims, actions, and causes of action. This release covers contractual rights, demands, damages, costs, loss of services, expenses, and compensation which the franchisee could assert against the released parties up to and including the date of the release.
The FDD emphasizes that this is a specific release, giving up all rights with respect to the transactions or occurrences that are being released under the agreement. The document also includes a section addressing California releasors, where they expressly waive any and all rights and benefits under California Civil Code §1542, which pertains to claims unknown at the time of executing the release that, if known, would have materially affected the settlement.
However, the Release Agreement does not apply to liabilities arising under specific state franchise laws, including the California Franchise Investment Law, the California Franchise Relations Act, Indiana Code, the Maryland Franchise Registration and Disclosure Law, Michigan Franchise Investment Law, Minnesota Franchise Act, North Dakota franchise laws, the Rhode Island Investment Act, and the Washington Franchise Investment Protection Act. This ensures that franchisees retain their rights and protections under these specific state laws, despite the general release provided in the agreement.
Prospective Zoomin Groomin franchisees should carefully review this release with legal counsel to understand the full scope of the rights they are waiving and the protections they retain under applicable state franchise laws. Understanding these terms is crucial before signing the Franchise Agreement.