Does the limitation of liability in the Bevaris Alliance agreement apply regardless of foreseeability of damages?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- 26. Limitation of liability. IN NO EVENT SHALL A PARTY OR ANY OF ITS REPRESENTATIVES BE LIABLE UNDER THIS AGREEMENT TO THE OTHER PARTY OR ANY THIRD PARTY (TO INCLUDE AFFILIATES) FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, DOWN TIME OR OTHER ECONOMIC LOSSES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE BREACHING PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, the limitation of liability within the franchise agreement applies regardless of whether damages were foreseeable.
Specifically, the agreement states that neither party, nor their representatives, will be liable 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.
This limitation applies whether the damages arise from breach of contract, tort (including negligence), strict liability, or other causes. The clause explicitly states that the limitation holds true regardless of whether such damages were foreseeable or whether the breaching party was advised of the possibility of such damages. This means a Bevaris Alliance franchisee would be restricted from claiming these types of damages even if the potential for them was known in advance.