Is Annex Brands liable for any indirect, incidental, consequential, punitive, special, or similar damages related to the use of their website or the franchisee's website?
Annex_Brands Franchise · 2025 FDDAnswer from 2025 FDD Document
Without limiting the generality of the foregoing, we specifically disclaim any warranty regarding the efficacy of any promotion of your Center by means of our website or your website and any representation or warranty against infringement, express or implied.
In no event will we, our owners, directors or officers, be liable to you for any indirect, incidental, consequential, punitive, special or other similar damages (including but not limited to any damages for loss of information, lost profits, or business interruption) arising from or in any way related to the use of or inability to use our website or your website, any delay or failure to post your website or to make any update or modification you request, or any other event related to this Agreement, even if we or our authorized representative has been informed, is aware or should have been aware of the possibility of such damages.
Security, Privacy & Cyberspace Jurisdiction.
While we will endeavor to maintain the security of your website and will endeavor to act promptly in the event of a security breach, we will not be liable to you in the event of any such breach, whether it results in a modification of your website or the shutdown of all or part of our website or your website.
Source: Item 22 — Contracts (FDD pages 109–110)
What This Means (2025 FDD)
According to Annex Brands' 2025 Franchise Disclosure Document, Annex Brands will not be liable to the franchisee for any indirect, incidental, consequential, punitive, special, or other similar damages. This includes damages for loss of information, lost profits, or business interruption. This waiver of liability applies to issues arising from the use of, or the inability to use, Annex Brands' website or the franchisee's website. It also applies to any delay or failure to post the franchisee's website, or to make any update or modification requested by the franchisee. This protection extends to any other event related to the Franchise Agreement. This limitation of liability applies even if Annex Brands or its authorized representative has been informed, is aware, or should have been aware of the possibility of such damages.
Annex Brands also disclaims any warranty regarding the effectiveness of any promotion of the franchisee's center through their website or the franchisee's website. They make no representation or warranty against infringement, whether express or implied.
Annex Brands also states that while they will try to maintain the security of the franchisee's website and act promptly in the event of a security breach, they will not be liable to the franchisee if a breach occurs. This applies whether the breach results in a modification of the franchisee's website or the shutdown of all or part of Annex Brands' website or the franchisee's website. Franchisees should be aware of these limitations and consider them when assessing the risks and benefits of investing in an Annex Brands franchise.