What is the maximum aggregate liability for Acumera regarding Dq Treat services, considering direct damages?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
18.1. Limitation on Direct Damages. EACH PARTY'S TOTAL AGREEGATE LIABILITY (INCLUDING THE LIABILITY OF ANY AFFILITATE, SUPPLIER, EMPLOYEE OR AGENT), AND THE SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OF ANY TYPE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES PROVIDED HEREUNDER, SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY THE OTHER PARTY IN AN AMOUNT NOT TO EXCEED THE FEES PAID BY PARTICIPATING LOCATION TO ACUMERA IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO A CLAIM HEREUNDER. UNDER NO CIRCUMSTANCES IS ACUMERA LIABLE FOR SERVICE FAILURES THAT ARE BEYOND THE REASONABLE CONTROL OF ACUMERA.
Source: Item 17 — The following paragraph is added to the end of Item 17 of the Disclosure Document: (FDD pages 70–378)
What This Means (2025 FDD)
According to Dq Treat's 2025 Franchise Disclosure Document, Acumera's maximum aggregate liability for direct damages is limited to the fees paid by the participating location to Acumera in the 12-month period immediately preceding the event that led to the claim. This limitation applies to any claim arising from the services provided.
This means that if a Dq Treat franchisee experiences direct damages due to Acumera's services, the maximum amount they can recover from Acumera is capped at the total fees they paid to Acumera over the previous year. This could be a significant limitation, especially if the damages far exceed the service fees paid.
It's important to note that this limitation does not apply to Acumera's liability for gross negligence, willful misconduct, willful failure to comply with the law, or fraud. Additionally, Acumera is not liable for indirect, special, incidental, punitive, or consequential damages. Franchisees should carefully consider this liability limitation and potentially seek legal advice to understand the full implications.