factual

What damages is Buildingstars not liable for, even if they arise from the agreement or relationship with the franchisee?

Buildingstars Franchise · 2025 FDD

Answer from 2025 FDD Document

  • A. IN NO EVENT WILL BUILDINGSTARS BE LIABLE TO FRANCHISEE FOR PROSPECTIVE PROFITS OR SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES FOR ANY CONDUCT ARISING OUT OF THIS AGREEMENT OR BUILDINGSTARS RELATIONSHIP WITH FRANCHISEE.

Source: Item 22 — CONTRACTS (FDD page 43)

What This Means (2025 FDD)

According to Buildingstars's 2025 Franchise Disclosure Document, Buildingstars will not be liable to the franchisee for certain types of damages arising from the franchise agreement or the relationship between Buildingstars and the franchisee. Specifically, Buildingstars is not liable for prospective profits, or special, indirect, punitive, or consequential damages. This limitation of liability is a significant aspect of the franchise agreement.

This means that if a Buildingstars franchisee believes they have suffered losses due to Buildingstars's conduct, the franchisee may be limited in the amount and types of compensation they can recover. For example, if the franchisee believes Buildingstars's actions caused them to lose potential future earnings (prospective profits) or led to other indirect financial losses, Buildingstars will not be held responsible for those specific losses. Similarly, Buildingstars will not be liable for punitive damages, which are intended to punish the wrongdoer, or consequential damages, which are losses that occur as a consequence of the initial harm.

This provision is designed to protect Buildingstars from potentially large and unpredictable damage claims. However, it also places a greater burden on the franchisee to manage their business carefully and to mitigate potential losses. Franchisees should be aware of this limitation of liability and consider its implications when evaluating the Buildingstars franchise opportunity. It is advisable to seek legal counsel to fully understand the scope and impact of this clause.

It's important for prospective franchisees to carefully consider this limitation of liability and how it might affect their potential legal recourse against Buildingstars. Understanding these limitations is crucial for making an informed decision about investing in a Buildingstars franchise.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.