Does the Bevaris Alliance agreement limit liability for loss of use, data, revenue, or profit?

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

Specifically, the clause covers consequential, incidental, indirect, exemplary, special, or punitive damages. This includes damages related to business interruption, loss of use, loss of data, loss of revenue, or loss of profit. It also extends to 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 legal theories.

This limitation applies even if such damages were foreseeable or if the breaching party was advised of the possibility of such damages. This type of clause is relatively common in franchise agreements as it aims to protect both the franchisor and franchisee from potentially large and unpredictable damage claims. Prospective franchisees should understand the implications of this clause and how it might affect their rights and remedies in case of a dispute.