Does City Wide make any warranties regarding the services provided under the franchise agreement?
City_Wide Franchise · 2025 FDDAnswer from 2025 FDD Document
Neither City Wide nor any of its affiliates makes any representations or warranties with respect to the Services or otherwise and each of such persons hereby
disclaims all warranties, express or implied.
City Wide does not represent or warrant to Franchisee, and expressly disclaims, any warranty that the Technology System is error-free or that the operation and use of the Technology System by Franchisee will be uninterrupted or error-free. City Wide shall not have any obligation or liability for any expense or loss incurred by Franchisee arising from use of the Technology System in conjunction with any other computer software.
EXCEPT AS PROVIDED ABOVE, CITY WIDE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, AND EXPRESSLY EXCLUDES ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, OR CLAIM OF INFRINGEMENT.
CITY WIDE MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE USE, VALIDITY OR ENFORCEABILITY OF ANY COPYRIGHTS REFERENCED IN THIS AGREEMENT.
EXCEPT AS EXCLUSIVELY SET FORTH IN WRITING AND SIGNED BY CITY WIDE, CITY WIDE MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO SUCH PRODUCTS AND GOODS, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT RESTRICTED TO, THE IMPLIED WARRANTY OF TITLE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED.
UNDER NO CIRCUMSTANCES WILL CITY WIDE'S LIABILITY IN CONNECTION WITH ANY SUCH PRODUCTS OR GOODS EXCEED THE DOLLAR AMOUNT OF THE PURCHASE PRICE OR LICENSE FEE PAID BY FRANCHISEE FOR ANY SUCH PRODUCTS OR GOODS.
Source: Item 22 — CONTRACTS (FDD page 65)
What This Means (2025 FDD)
According to the 2025 City Wide Franchise Disclosure Document, City Wide generally disclaims any warranties, either express or implied, regarding the services provided. Specifically, City Wide does not warrant that its Technology System is error-free or that its operation will be uninterrupted.
For the Technology System provided to franchisees, City Wide explicitly excludes all warranties of merchantability and fitness for a particular purpose, as well as any implied warranty arising from performance, dealing, or trade usage. This means a franchisee cannot hold City Wide liable if the system doesn't perform as expected or causes losses.
Furthermore, City Wide makes no representation or warranty regarding the use, validity, or enforceability of any copyrights referenced in the franchise agreement. This disclaimer extends to products and goods sold, licensed, or leased to the franchisee, where warranties are disclaimed unless expressly set forth in writing and signed by City Wide. In such cases, City Wide's liability is limited to the purchase price or license fee paid by the franchisee.
In summary, a prospective City Wide franchisee should understand that City Wide provides very limited warranties, and the franchisee bears the risk of any issues arising from the services, technology, or products provided, except in cases of explicit written warranties.