What does a Dickeys Barbecue Pit customer agree to indemnify SPARK against?
Dickeys_Barbecue_Pit Franchise · 2024 FDDAnswer from 2024 FDD Document
- 6.2 **LIMITATION OF LIABILITY SPARK'S ENTIRE LIABILITY, AND CUSTOMER'S EXCLUSIVE REMEDY, FOR DAMAGES ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DATA LOSS, DELAYS, ERRORS OR DEFECTS IN SMOKESTACK SHALL IN NO EVENT EXCEED THE PROPORTIONATE CHARGE TO CUSTOMER FOR THE PERIOD OF SERVICE DURING WHICH SUCH MISTAKE, OMISSION, INTERRUPTION, DATA LOSS DELAY, ERROR OR DEFECT IN THE SERVICES OCCURRED.
IN NO EVENT SHALL ANY OTHER LIABILITY ATTACH TO SPARK, INCLUDING ANY LIABILITY FOR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES, OR INCREASED COST OF OPERATIONS), INCIDENTAL DAMAGES, PUNITIVE & EXEMPLARY DAMAGES, AND EXTRACONTRACTUAL DAMAGES (INCLUDING DECEPTIVE TRADE PRACTICES).**
Source: Item 23 — RECEIPTS (FDD pages 96–388)
What This Means (2024 FDD)
According to Dickey's Barbecue Pit's 2024 Franchise Disclosure Document, the Smokestack Customer Agreement outlines the terms under which customers use Spark Intelligence, Inc.'s Smokestack system. As part of this agreement, the customer agrees to certain limitations of liability and responsibilities regarding the use of Smokestack.
Specifically, the customer's exclusive remedy for damages arising from mistakes, omissions, interruptions, data loss, delays, errors, or defects in Smokestack is limited to the proportionate charge to the customer for the period of service during which the issue occurred. This means that if a customer experiences a problem with Smokestack, their compensation is capped at the amount they paid for the service during the affected period.
Furthermore, the agreement explicitly states that Spark will not be liable for any consequential damages, including lost profits, increased operational costs, or incidental, punitive, or exemplary damages. The customer also waives the right to claim extra-contractual damages, such as those related to deceptive trade practices. This section clarifies that Spark aims to limit its financial exposure for issues arising from the use of Smokestack, placing a defined cap on potential liabilities and protecting Spark from extensive damage claims.