Does Chem Dry limit its liability for business interruption related to website access delays?

According to Chem Dry's 2024 Franchise Disclosure Document, Chem Dry limits its liability regarding business interruptions and website access delays. Specifically, Chem Dry states it will not be liable for any interruption of business, access delays or access interruptions to the Chem Dry site, content non-delivery, or events beyond Chem Dry's reasonable control.

This means that if a Chem Dry franchisee experiences a loss of income or other damages due to website downtime, slow access, or content delivery issues, Chem Dry is not liable for those losses. This could include inability to book appointments, process payments, or access important business information. The limitation of liability protects Chem Dry from potentially significant financial claims arising from service interruptions.

However, Chem Dry does state that its maximum aggregate liability will not exceed the total amount paid by the franchisee to Chem Dry for the service during the 12 months immediately preceding the event giving rise to liability. This provides a limited degree of financial protection for the franchisee, capping Chem Dry's liability at the amount of service fees paid during the previous year. It is important to note that some states do not allow the exclusion or limitation of liability for consequential or incidental damages, so this limitation may vary depending on the franchisee's location.

Prospective franchisees should carefully consider this limitation of liability and its potential impact on their business. It would be prudent to inquire about the typical uptime and reliability of Chem Dry's online services, as well as any measures Chem Dry has in place to prevent or mitigate service interruptions. Understanding these factors can help a franchisee assess the risk associated with potential website or service disruptions.