What specific damages does Benjamin Franklin Plumbing not waive the right to claim?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee and the Owners, on the one hand, and Franchisor on the other, waive any right to or claim of punitive or exemplary damages against the other, except that we do not waive our right to: (i) statutory, punitive or exemplary damages for violation of the Lanham Act, trademark infringement or dilution, or unauthorized disclosure of confidential information or trade secrets; or (ii) indemnification from Franchisee under Section 20 for any such damages claimed or awarded against Protected Parties.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, while franchisees waive the right to claim punitive or exemplary damages against the franchisor, Benjamin Franklin Plumbing retains the right to pursue specific types of damages.
Specifically, Benjamin Franklin Plumbing does not waive its right to statutory, punitive, or exemplary damages for violations of the Lanham Act, trademark infringement or dilution, or unauthorized disclosure of confidential information or trade secrets. This means that if a franchisee infringes on Benjamin Franklin Plumbing's trademarks or discloses confidential information, the franchisor can seek punitive damages.
Additionally, Benjamin Franklin Plumbing does not waive its right to indemnification from the franchisee under Section 20 of the agreement for any damages claimed or awarded against protected parties. This implies that if a third party sues Benjamin Franklin Plumbing and is awarded damages due to the franchisee's actions, Benjamin Franklin Plumbing can seek indemnification from the franchisee to cover those damages. This is a standard clause in franchise agreements to protect the franchisor from liabilities arising from the franchisee's operations.