Under what circumstances is Casiola liable to the franchisee for damages relating to the use or inability to use 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 Casiola's 2024 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 any lost profits, lost savings, or other incidental or consequential damages, even if Casiola has been advised of the possibility of such damages. This also applies to any claim by another party, including the software manufacturer.
This limitation of liability is intended to apply regardless of whether other provisions of the franchise agreement have been breached or proven ineffective. This means that even if Casiola fails to meet its obligations under the agreement, it will still not be liable for damages related to the Bookings and Management System.
This is a significant risk for prospective Casiola franchisees. The Bookings and Management System is a critical component of the Casiola business, and any problems with the system could have a significant impact on the franchisee's ability to operate the business and generate revenue. Franchisees should carefully consider this limitation of liability before investing in a Casiola franchise.