Under what circumstances is Afuri Ramen Dumpling liable for personal injury claims?
Afuri_Ramen_Dumpling Franchise · 2024 FDDAnswer from 2024 FDD Document
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We will not be liable for any loss or damage claimed to have resulted from the use, operation or performance of the products, whatever the form of action.
Our maximum liability to you, whether based upon contract, warranty, tort or otherwise, will not exceed the actual amount you pay to us for the specific product that causes the damages.
These limitations of liability will not apply to claims for personal injury caused by our negligence.
We will not be liable to you for special, indirect, incidental or consequential damages or from any damages resulting from loss of use, data or profits.
Source: Item 23 — Receipts (FDD pages 50–189)
What This Means (2024 FDD)
According to the 2024 Afuri Ramen Dumpling Franchise Disclosure Document, Afuri Ramen Dumpling's liability regarding loss or damage from the use, operation, or performance of products is limited. Generally, their maximum liability will not exceed the amount the franchisee paid for the specific product that caused the damages. However, there is a specific exception to this limitation.
Afuri Ramen Dumpling does not limit its liability for claims of personal injury caused by its own negligence. This means that if a personal injury occurs and it is proven to be a direct result of Afuri Ramen Dumpling's negligence, the limitation of liability mentioned above does not apply.
This distinction is important for prospective franchisees because it clarifies the extent to which Afuri Ramen Dumpling will be responsible for damages. While the franchisee assumes responsibility for day-to-day operations, Afuri Ramen Dumpling acknowledges liability for personal injuries stemming directly from their own negligence.