General Release Agreement
Sample General Release Agreement
This General Release ("Release") is made by the undersigned
___________________(hereinafter "Releasor**) for the benefit of Johnny Rockets Licensing
Corporation, Inc., a California corporation, (hereinafter "Johnny Rockets**), on this__day of
WHEREAS, Releasor is a Johnny Rockets Licensee and operates a Johnny
Rockets Restaurant located at________________________pursuant to a License Agreement
WHEREAS, Releasor desires to execute an additional License Agreement for a Johnny Rockets Restaurant to be located at____________________;
WHEREAS, in consideration for the execution of the License Agreement and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Releasor has agreed to execute a general release of Johnny Rockets;
NOW, THEREFORE, Releasor hereby covenants and promises as follows:
(a) Releasor hereby absolutely and forever releases and discharges Johnny Rockets from any and all claims, demands, damages, debts, liabilities, accounts, costs, expenses, liens, losses, charges, actions, suits, proceedings and causes of action of every kind and nature whatsoever (hereinafter "Released Matters"), whether now known or unknown, suspected or unsuspected, which Releasor now has, owns or holds, or at any time heretofore ever had, owned or held, or could, shall or may hereafter have, own or hold, pertaining to, arising out of or in connection with the License Agreement, any related agreements or the franchisor-franchisee relationship between Releasor and Johnny Rockets.
(b) Releasor hereby acknowledges that he is familiar with Section 1542 of the Civil Code of the State of California which provides as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which, if known by him, must have materially affected the settlement with the debtor."
Releasor hereby waives and relinquishes every right or benefit which he has under Section 1542 of the Civil Code of the State of California, and under any similar provision of any other applicable law, to the full extent that he may lawfully waive such right or benefit pertaining to the subject matter of this General Release. In connection with such waiver and relinquishment, with respect to the Released matters, Releasor hereby acknowledges that he is aware that he may hereafter discover facts in addition to or different from those which he now knows or believes to be true with respect to the subject matter of this General Release, but that it is his intention hereby fully, finally and forever, to settle and release all Released Matters, disputes and differences, known or unknown, suspected or unsuspected, which now exist, may
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exist or heretofore existed, and in furtherance of such intention, the release given herein shall be and remain in effect as a full and complete release, notwithstanding the discovery or existence of any such additional or different facts.
(c) Releasor hereby understands and agrees that this General Release shall extend to and be binding upon any and all of Releasor's attorneys, officers, directors, employees, agents, heirs, estate executors, administrators, successors, affiliates, associates and assigns, and their respective insurers and underwriters. If more than one party shall execute this Release, the term "Releasor" shall mean all parties executing this General Release, and all parties shall be bound by its terms.
(d) Releasor hereby understands and agrees that this General Release shall extend to and inure to the benefit of any and all of Johnny Rockets' attorneys, officers, directors, employees, agents, authorized representatives, estate, legal representatives, successors, affiliates, associates and assigns, and its and their respective insurers and underwriters.
(e) Releasor hereby understands and agrees that this General Release supersedes any prior agreement, oral or written, with respect to its subject matter. Releasor understands and agrees that no representations, warranties, agreements or covenants have been made with respect to this General Release, other than those set forth herein, and that in executing this General Release, Releasor is not relying upon any representations, warranty, agreement or covenant not set forth herein.
(f) This General Release and all acts and transactions under it shall in all respects be interpreted, enforced and governed by the internal laws of the State of California.
(g) Releasor hereby certifies that he has read all of this General Release and fully understands all of the same and that he has executed this General Release only after having received full legal advice and disclosure as to his rights from legal counsel of his choice.
IN WITNESS WHEREOF, the party hereto has executed this General Release effective as of the date first set forth above.
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