What notices are waived by an Aunt Millies Bakeries borrower?
Aunt_Millies_Bakeries Franchise · 2025 FDDAnswer from 2025 FDD Document
INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES AND ALL CLAIMS TO SUCH DAMAGES ARE HEREBY WAIVED.
Source: Item 23 — RECEIPT (FDD pages 44–196)
What This Means (2025 FDD)
Based on the 2025 Aunt Millies Bakeries Franchise Disclosure Document, the receipt section in Item 23 states that incidental, indirect, special, punitive, or exemplary damages and all claims to such damages are waived.
This waiver means that if a franchisee who is a borrower experiences any of these types of damages, they cannot claim them from Aunt Millies Bakeries. These damages are typically those that are not a direct result of a breach of contract or negligence but are consequential or intended to punish the breaching party. For example, if a delay in delivery of products causes a franchisee to lose a significant sale, the lost profit might be considered an indirect or consequential damage, which they would be unable to claim.
This type of waiver is relatively common in franchise agreements, as franchisors seek to limit their potential liability. Prospective franchisees should be aware of this limitation and consider its potential impact on their business. It is advisable to consult with a legal professional to fully understand the implications of waiving these types of damages and to assess the risks involved.