What claims is a Baya Bar franchisee waiving related to modifications required by Article 9?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
- 9.5 No Liability/Waiver of Claims. Franchisor shall not be liable to Franchisee for any expenses, losses or damages sustained by Franchisee as a result of any of the modifications, including Trade Dress Modifications, required by this Article 9. Franchisee hereby covenants not to commence or join in any litigation or other proceeding against Franchisor or any third party, complaining of any such or seeking expenses, losses or damages caused thereby. Further, Franchisee expressly waives any claims, demands or damages arising from or related to the modifications contemplated by this Article 9, including, without limitation, any claim of breach of contract, breach of fiduciary duty, fraud, and/or breach of the implied covenant of good faith and fair dealing.
Source: Item 22 — CONTRACTS (FDD page 56)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, a franchisee waives certain claims related to modifications, including Trade Dress Modifications, required by Article 9 of the franchise agreement. Specifically, Baya Bar will not be held liable for any expenses, losses, or damages the franchisee incurs as a result of these modifications.
Furthermore, the franchisee agrees not to initiate or participate in any legal action against Baya Bar or any third party, contesting these modifications or seeking compensation for related expenses, losses, or damages. This includes an express waiver of any claims, demands, or damages arising from or related to the modifications outlined in Article 9.
This waiver extends to various types of claims, including but not limited to breach of contract, breach of fiduciary duty, fraud, and/or breach of the implied covenant of good faith and fair dealing. This means a franchisee cannot sue Baya Bar for these reasons related to required modifications.