Under what circumstances is Buildingstars not liable to the franchisee for prospective profits?
Buildingstars Franchise · 2025 FDDAnswer 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' 2025 Franchise Disclosure Document, Buildingstars will not be liable to the franchisee for prospective profits under any circumstances arising from the franchise agreement or the relationship between Buildingstars and the franchisee. This means that if a franchisee believes they have lost potential future earnings due to Buildingstars' actions or conduct, they cannot sue Buildingstars to recover those anticipated profits. This limitation of liability is a standard practice in franchising agreements.
This provision protects Buildingstars from claims for lost future revenue, which can be speculative and difficult to prove. However, it also means that franchisees bear the risk of market changes, unforeseen business challenges, or even actions by Buildingstars that negatively impact their potential earnings. Franchisees need to be aware of this limitation and factor it into their risk assessment before investing in a Buildingstars franchise.
It is important for prospective franchisees to carefully consider the implications of this clause and seek legal counsel to fully understand their rights and obligations under the franchise agreement. While Buildingstars limits its liability for prospective profits, franchisees may still have recourse for other types of damages, such as direct losses resulting from breach of contract or misrepresentation, subject to other limitations outlined in the agreement.