Does the Bevaris Alliance agreement limit liability for damages for business interruption?

According to the 2024 Bevaris Alliance Franchise Disclosure Document, the franchise agreement includes a limitation of liability clause. This clause specifies that neither party, nor their representatives, will be liable to the other or any third party for certain types of damages.

Specifically, Bevaris Alliance's agreement excludes liability for consequential, incidental, indirect, exemplary, special, or punitive damages. This includes damages related to business interruption, loss of use, data, revenue, or profit, downtime, or other economic losses. The limitation applies regardless of whether the damages arise from breach of contract, tort (including negligence), strict liability, or other causes.

This limitation is in effect even if such damages were foreseeable or if the breaching party was advised of the possibility of such damages. This means that a Bevaris Alliance franchisee may not be able to recover damages for business interruption or lost profits from Bevaris Alliance, even if the interruption is due to Bevaris Alliance's negligence or breach of contract. Franchisees should be aware of this limitation and consider its potential impact on their business before investing in a Bevaris Alliance franchise.