Under what conditions is a Casiola franchisee required to upgrade, replace, and modify the Bookings and Management System?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
- (5) Franchisee shall upgrade, replace and modify the Bookings and Management System at the request of Franchisor and in accordance with Franchisor's written instructions;
- (6) Other than permitting access to employees of the Franchised Business for the purpose of conducting the authorized operations of the Franchised Business, Franchisee shall not permit or allow any third party to access, use or duplicate the Bookings and Management System or the Bookings and Management System Data;
- (7) Franchisee shall keep and maintain the Bookings and Management System and the Bookings and Management System Data as secret and confidential and, Franchisee shall maintain security precautions to maintain the confidentiality of the Bookings and Management System and the Bookings and Management System Data; and
- (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.
3.G. DIGITAL MEDIA, SYSTEM WEBSITE AND TELEPHONE NUMBERS
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, a franchisee is required to upgrade, replace, and modify the Bookings and Management System at the request of Casiola and in accordance with Casiola's written instructions.
The Bookings and Management System is defined as the software, internet, web-based, or cloud-based systems, point of sale systems, payment processing systems, credit card processing systems, property management systems, booking platforms, booking platform integrations, booking systems, customer care management systems, online travel agency integrations, and customer relationship management systems designated by Casiola for use by the franchised business. Casiola retains the right to modify, amend, supplement, or discontinue the functionality of the Bookings and Management System at any time.
Casiola also maintains direct access and storage-based access to the Bookings and Management System and the franchisee's Bookings and Management System Data. The franchisee is also restricted from allowing any third party to access, use, or duplicate the Bookings and Management System or its data, except for employees of the franchised business for authorized operations. The franchisee must also maintain the confidentiality and security of the Bookings and Management System and its data.
It is important to note that Casiola will not be liable to the franchisee for any damages, including lost profits or savings, related to the franchisee's use or inability to use the Bookings and Management System, even if Casiola has been advised of the possibility of such damages. This limitation of liability applies regardless of whether other provisions of the agreement have been breached.