Are there any exceptions to the two-year limitation on claims for Amerispec Inspection Services?
Amerispec_Inspection_Services Franchise · 2025 FDDAnswer from 2025 FDD Document
INDIVIDUAL BASIS AND MAY NOT JOIN ANY CLAIM IT MAY HAVE WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR OTHERWISE PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY.
- 21.6 **TWO-YEAR LIMITATION ON CLAIMS.
ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR COVERED DISPUTES WILL BE BARRED UNLESS AN ARBITRATION OR JUDICIAL PROCEEDING IS COMMENCED IN THE PROPER FORUM WITHIN TWO YEARS FROM THE DATE ON WHICH THE VIOLATION, ACT, OMISSION, OR CONDUCT GIVING RISE TO THE CLAIM OCCURS, REGARDLESS OF WHEN THE PARTY ASSERTING THE CLAIM KNEW OR SHOULD HAVE KNOWN OF THE FACTS GIVING RISE TO THE CLAIM**, except for claims (which may be brought by any Company Related Party against any Franchisee Related Party at any time): (a) relating to third-party claims or suits brought against any Company Related Party as a result of the operation of the Franchised Business; (b) relating to the enforcement of any intellectual property rights of any Company Related Party; (c) relating to the Franchisee's non-payment or underpayment of amounts owed to a Company Related Party; (d) concerning the obligations of any Franchisee Related Party under Paragraph 14 (Confidentiality and Improvements by the Franchisee) or Paragraph 15 (Covenants) of this Agreement; (e) related to the non-compliance of any Franchisee Related Parties with any post-termination obligations under this Agreement; and (f) regarding an assignment of this Agreement or any ownership interest therein.
Source: Item 23 — Receipts (FDD pages 47–172)
What This Means (2025 FDD)
According to the 2025 Amerispec Inspection Services FDD, there are specific exceptions to the standard two-year limitation on claims. Generally, any claims arising from or related to the franchise agreement must be initiated within two years from when the issue occurred. This applies regardless of when the franchisee became aware of the issue.
However, there are several types of claims that are exempt from this two-year limitation. These include claims related to third-party actions against Amerispec Inspection Services due to the franchisee's business operations, enforcement of intellectual property rights by Amerispec Inspection Services, and the franchisee's failure to pay amounts owed to Amerispec Inspection Services.
Additional exceptions to the two-year limitation include claims concerning the franchisee's obligations regarding confidentiality and improvements, non-compliance with post-termination obligations, and matters related to the assignment of the franchise agreement or ownership interests. These exceptions allow Amerispec Inspection Services to pursue certain claims against a franchisee without being restricted by the two-year limitation, providing the franchisor with extended protection in specific circumstances.