Are there any exceptions to the one-year limitation on claims against Body20?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
THER PERSON OR ENTITY OR OTHERWISE PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER PARTY.**
- 16.7 Remedies Not Exclusive. Except as provided in Section 16.5 (Mutual Waiver of Punitive Damages), no right or remedy that the parties have under this Agreement is exclusive of any other right or remedy under this Agreement or under Applicable Laws. Each and every such remedy will be in addition to, and not in limitation of or substitution for, every other remedy available at law or in equity or by statute or otherwise.
- 16.8 Limitations of Claims. Any and all claims arising out of or relating to this agreement or our relationship with you will be barred unless a legal proceeding is commenced in the proper forum within one year from the date on which the party asserting the claim knew or should have known of the facts giving rise to the claim, except for the following claims by us against you related to (i) any of your financial obligations (including the underpayment of any fees), (ii) the indemnity in Section 11 (Indemnification), (iii) your use of the Marks, (iv) your obligations under Section 10 (Proprietary Information) or Section 12 (Noncompete Covenants) of this Agreem
Source: Item 23 — RECEIPT (FDD pages 74–251)
What This Means (2025 FDD)
According to Body20's 2025 Franchise Disclosure Document, there are exceptions to the one-year limitation on claims. Generally, any claims arising from the franchise agreement or the relationship with Body20 must be brought within one year of the date the party knew or should have known about the facts giving rise to the claim.
However, this one-year limitation does not apply to certain claims Body20 may bring against the franchisee. These include claims related to the franchisee's financial obligations (such as underpayment of fees), indemnification obligations, the franchisee's use of Body20's marks, obligations regarding proprietary information, noncompete covenants, or issues related to a transfer of the franchise. Body20 can bring these types of claims against a franchisee at any time, without being subject to the one-year limitation.
Additionally, the rider to the franchise agreement for use in Maryland states that any limitation of claims will not reduce the three-year statute of limitations afforded to franchisees for bringing a claim under the Maryland Franchise Registration and Disclosure Law. Similarly, in Minnesota, franchisors are prohibited from restricting the statute of limitations applicable to claims arising under Minnesota franchise law.