What liability does Punchh disclaim regarding the selection of customer content or elements of promotional programs for Dq Treat?

According to the 2025 Dq Treat FDD, Punchh disclaims any and all liability relating to the selection of customer content or the elements of promotional programs. This means that Dq Treat franchisees are responsible for the content used in their promotional programs and cannot hold Punchh liable for any issues arising from that content.

This disclaimer is significant for prospective Dq Treat franchisees because it places the onus on them to ensure that all customer content and promotional program elements are legally compliant and do not infringe on any third-party rights. Franchisees must carefully review and approve all content before it is used in any promotional activities facilitated by Punchh's platform.

In practical terms, a Dq Treat franchisee needs to be diligent in selecting and managing their promotional content. This includes ensuring that they have the necessary rights to use any images, text, or other materials in their promotions and that their promotions comply with all applicable laws and regulations. Franchisees may want to consult with legal counsel to ensure their promotional content is compliant. Dq Treat franchisees should also be aware of the indemnification clause, which may require them to defend and hold harmless Punchh from any claims related to the franchisee's content.