Does the Bevaris Alliance agreement limit liability for punitive 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, 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 also 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 place regardless of whether such damages were foreseeable or whether the breaching party was advised of the possibility of such damages. This means that a franchisee would be unable to recover punitive damages from Bevaris Alliance, and vice versa, even if the potential for such damages was known in advance. This type of clause is relatively common in franchise agreements as a way to manage and limit potential financial exposure for both parties.