What damages are waived by both parties in the Beef O Bradys franchise agreement?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
| I,, want to attend the initial training program and/or power shift offered by FSC Franchise Co., LLC ("Family Sports") in order to be qualified to own, operate and/or manage a Beef 'O' Brady's® Family Sports Pub ("Family Sports Pub"), pursuant to a franchise agreement between Family Sports and me, my employer, or a company with which I am affiliated. To induce Family Sports to allow me to attend the initial training program, I agree, | |
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| attest and acknowledge the following: | |
| 1. | During the initial training program, I will receive hands-on training at a Family Sports Pub and at other training facilities during which I will operate food service equipment and supplies and, therefore, there is a risk of injury and harm. |
| 2. | I understand and acknowledge that I am not an employee of Family Sports or its affiliates for any purpose whatsoever. |
| 3. | Since I am not an employee of Family Sports, I will not be entitled to any workers compensation coverage from Family Sports or any of its affiliates (although I may be entitled to such coverage from my own employer). |
| 4. | I waive any right to sue for damages or other relief, and release any claim I may have against Family Sports and/or any of its affiliates, agents, officers and directors, for any claims, losses, damages, liabilities or obligations that arise out of any injury I suffer during and as a result of my training with Family Sports. Notwithstanding the foregoing, this waiver and release is not intended to nor shall it act as a release, estoppel or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law. |
| 5. | My participation in the training program does not entitle me to a Family Sports Pub franchise. Franchises are granted only by separate agreement. |
| Print Name: Date: |
Source: Item 23 — RECEIPTS. (FDD pages 66–330)
What This Means (2025 FDD)
According to the 2025 Beef O Bradys FDD, during the initial training program, individuals waive any right to sue for damages or other relief. They also release any claim they may have against Family Sports (FSC Franchise Co., LLC) and its affiliates, agents, officers, and directors. This waiver applies to any claims, losses, damages, liabilities, or obligations that arise out of any injury suffered during and as a result of the training with Family Sports.
This waiver means that if a prospective Beef O Bradys franchisee or their employee is injured during the initial training program, they cannot sue Beef O Bradys (FSC Franchise Co., LLC) for damages related to that injury. This includes claims for medical expenses, lost income, or other losses resulting from the injury. The waiver extends to Family Sports' affiliates, agents, officers, and directors, protecting them from liability as well.
However, the waiver does not act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law. This means that the waiver is limited and does not cover violations of franchise laws in Maryland. This exception ensures that franchisees retain their rights under franchise regulations, even if they have waived other claims related to training injuries. Prospective franchisees should be aware of this waiver and its limitations before participating in the initial training program.