Does the Bevaris Alliance agreement limit liability for indirect damages?

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, can be held liable for certain types of damages. These damages include consequential, incidental, indirect, exemplary, special, or punitive damages.

The limitation extends to damages resulting from business interruption, loss of use, data, revenue, or profit, downtime, or other economic losses. This applies regardless of whether the damages arise from breach of contract, tort (including negligence), strict liability, or other causes. The limitation holds true even if such damages were foreseeable or if the breaching party was advised of the possibility of such damages.

For a prospective Bevaris Alliance franchisee, this means that the franchisor aims to limit its financial exposure for certain types of losses that the franchisee might incur. It is important for franchisees to understand this limitation and consider obtaining appropriate insurance coverage or seeking legal advice to protect their interests, as the franchisor is not liable for the damages listed.