Does the limitation of liability regarding support services in the Carvel agreement survive the expiration or termination of the agreement?
Carvel Franchise · 2025 FDDAnswer from 2025 FDD Document
- e. THE PROVISIONS OF THIS SECTION 11 SHALL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
Source: Item 23 — Receipts (FDD pages 100–353)
What This Means (2025 FDD)
According to Carvel's 2025 Franchise Disclosure Document, the provisions regarding the limitation of liability for support services survive the expiration or termination of the franchise agreement. Specifically, Section 11 of the agreement outlines the limitations of Carvel's liability and the franchisee's remedies related to support services.
This means that even after the franchise agreement ends, either through expiration or termination, the stipulations regarding liability for support services remain in effect. This includes disclaimers of warranties, limitations on the amount of damages Carvel is liable for, and exclusions of certain types of damages like lost revenue or consequential damages.
For a prospective Carvel franchisee, this indicates that the limitations on Carvel's liability for support services are enduring. Even after the business relationship concludes, the franchisee is still bound by these limitations, which could impact any potential claims or legal actions related to support services provided during the term of the agreement.