Is Casiola liable for claims by any other party, including the software manufacturer, relating to the Bookings and Management System?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
- (8) In no event shall Franchisor be liable to Franchisee for any damages, including any lost profits, lost savings, or other incidental or consequential damages, relating to Franchisee's use, or Franchisee's inability to use, the Bookings and Management System even if Franchisor has been advised of the possibility of such damages, or for any claim by any other party including the software manufacturer. The foregoing limitations of liability are intended to apply without regard to whether other provisions of the Agreement have been breached or proven ineffective.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to the 2024 Casiola Franchise Disclosure Document, Casiola will not be liable to the franchisee for any damages related to the use or inability to use the Bookings and Management System. This includes lost profits, lost savings, or other incidental or consequential damages.
Specifically, Casiola is not liable for any claim by any other party, including the software manufacturer, related to the Bookings and Management System. This limitation of liability applies regardless of whether other provisions of the agreement have been breached or proven ineffective.
This means that as a Casiola franchisee, you assume the risk of any issues arising from the Bookings and Management System, even if Casiola has been advised of potential damages. You would not be able to hold Casiola responsible for any losses or claims resulting from the system's use or any claims from the software manufacturer.