What is the time limit for making claims arising out of the Beef O Bradys agreement?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 19.6 **Limitations of Claims.
ANY AND ALL CLAIMS ARISING OUT OF THIS AGREEMENT OR THE RELATIONSHIP AMONG YOU AND US MUST BE MADE BY WRITTEN NOTICE TO THE OTHER PARTY WITHIN 1 YEAR FROM THE OCCURRENCE OF THE FACTS GIVING RISE TO SUCH CLAIM (REGARDLESS OF WHEN IT BECOMES KNOWN); EXCEPT FOR CLAIMS ARISING FROM: (A) UNDER-REPORTING OF GROSS REVENUES; (B) UNDER-PAYMENT OF AMOUNTS OWED TO US OR OUR AFFILIATES; (C) CLAIMS FOR INDEMNIFICATION; AND/OR (D) UNAUTHORIZED USE OF THE MARKS.
HOWEVER, THIS PROVISION DOES NOT LIMIT THE RIGHT TO TERMINATE THIS AGREEMENT IN ANY WAY.**
Source: Item 23 — RECEIPTS. (FDD pages 66–330)
What This Means (2025 FDD)
According to Beef O Bradys's 2025 Franchise Disclosure Document, any claims arising from the franchise agreement or the relationship between the franchisee and Beef O Bradys must be made within one year. The franchisee must provide written notice to Beef O Bradys within 1 year from when the facts giving rise to the claim occurred, regardless of when the franchisee becomes aware of those facts.
However, there are exceptions to this one-year limitation. Claims related to under-reporting of gross revenues, under-payment of amounts owed to Beef O Bradys or its affiliates, claims for indemnification, and unauthorized use of the Beef O Bradys marks are not subject to this one-year limitation. This means Beef O Bradys can pursue these specific claims even after the one-year period has passed.
This provision does not limit Beef O Bradys's right to terminate the franchise agreement. This means that even if a claim is subject to the one-year limitation, Beef O Bradys still retains the right to terminate the agreement for other valid reasons, regardless of the claim's status.