What is the limitation on damages for both the 7 Brew Owner and Manufacturer regarding indirect, consequential, or other special damages?
7_Brew Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) LIMITATION ON DAMAGES: IN NO EVENT SHALL THE PARTIES BE LIABLE TO EACH OTHER, OR TO THEIR RESPECTIVE OFFICERS, EMPLOYEES OR REPRESENTATIVES, OR TO ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF OWNER, OWNER'S OFFICERS, EMPLOYEES, REPRESENTATIVES OR INSUREERS, OR OF ANY THIRD PARTY, OF WHATSOEVER NATURE (INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS, LOST PROFITS, DAMAGE TO GOODWILL OR REPUTATION AND/OR DEGRADATION IN VALUE OF BRANDS, TRADEMARKS, TRADENAMES, SERVICES NAMES OR SERVICE MARKS, OR INJURY TO PERSONS) WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, FAILURE TO WARN OR STRICT LIABILITY), CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHERWISE.
Source: Item 23 — RECEIPTS (FDD pages 83–279)
What This Means (2025 FDD)
According to 7 Brew's 2025 Franchise Disclosure Document, Article 8(c) outlines the limitations on damages. It states that neither party (the Owner or the Manufacturer), nor their respective officers, employees, or representatives, can be held liable to each other or any third party for any indirect, consequential, incidental, special, punitive, or exemplary damages.
This limitation extends to various types of damages, including but not limited to lost business, lost profits, damage to goodwill or reputation, degradation in the value of brands, trademarks, tradenames, service names or service marks, or injury to persons. This applies regardless of whether the damages arise from breach of contract, warranty, tort (including negligence, failure to warn, or strict liability), contribution, indemnity, subrogation, or any other legal basis.
For a prospective 7 Brew franchisee, this means that if the franchisee suffers indirect damages like lost profits due to a problem with the unit, they generally cannot recover those losses from the Manufacturer. Similarly, the Manufacturer is protected from claims for consequential damages that might arise from their actions or failures. This type of clause is common in franchise agreements to allocate risk and prevent potentially large damage claims that could arise from unforeseen or indirect consequences.