Who is responsible for the consequences if the Technology or Software Programs are not properly operated, maintained, and upgraded for a Belocal franchise?
Belocal Franchise · 2025 FDDAnswer from 2025 FDD Document
- (4) Despite the fact that Franchisee agrees to buy, use, and maintain the Technology and Software Programs according to Franchisor's standards and specifications, Franchisee shall have sole and complete responsibility for: (1) the acquisition, operation, maintenance, and upgrading of the Technology and Software Programs; (2) the manner in which the Technology and Software Programs interface with Franchisor's and any third party's computer system; and (3) any and all consequences if the Technology or Software Programs are not properly operated, maintained, and upgraded.
Franchisee acknowledges and agrees that Franchisor shall have no responsibility under any circumstances for any malfunction or "crash" of any Technology or Software Programs provided by, required by, or approved by Franchisor, including, but not limited to, for any data lost as a result of any such malfunction or "crash."
Source: Item 22 — CONTRACTS (FDD page 71)
What This Means (2025 FDD)
According to Belocal's 2025 Franchise Disclosure Document, the franchisee bears sole responsibility for the technology and software programs used in their franchise. This includes acquiring, operating, maintaining, and upgrading these programs to meet Belocal's standards. The franchisee is also responsible for how these programs interface with Belocal's and any third party's computer systems.
Specifically, the Belocal franchisee is responsible for any consequences that arise if the technology or software programs are not properly operated, maintained, or upgraded. This means that if any issues, errors, or malfunctions occur due to improper handling of these systems, the franchisee is liable for the resulting damages or losses.
Belocal explicitly states that it has no responsibility for any malfunction or "crash" of any technology or software programs it provides, requires, or approves. This includes any data lost as a result of such malfunctions. Therefore, it is crucial for a prospective Belocal franchisee to understand the technology requirements and ensure they have the necessary expertise or support to manage these systems effectively.