factual

Does the All County Franchise Agreement allow All County to pursue claims against other parties?

All_County Franchise · 2025 FDD

Answer from 2025 FDD Document

s in their capacities as such, of and from any and all actions, suits, proceedings, claims (including, but not limited to, claims for attorney's fees), complaints, charges, judgments, executions, whether liquidated or unliquidated, known or unknown, asserted or unasserted, absolute or contingent, accrued or not accrued, related to the Franchise Agreement.

    1. Reservation of Claims Against Non-Settling Parties. All County and Franchisee expressly reserve their right and claims against any non-settling persons, firms, corporations, or other entities for whatever portion or percentage their damages are found to be attributable to the wrongful conduct of said non-settling parties.

Source: Item 22 — Contracts (FDD page 43)

What This Means (2025 FDD)

According to All County's 2025 Franchise Disclosure Document, both All County and the franchisee retain the right to pursue claims against non-settling parties. Specifically, All County reserves its rights and claims against any non-settling persons, firms, corporations, or other entities for the portion of damages attributable to their wrongful conduct. This means that if a third party's actions cause damages, All County can take legal action against them to recover losses.

This reservation of rights is a standard legal practice to ensure that all responsible parties can be held accountable for damages. It allows All County to seek compensation from those who are not directly part of the franchise agreement but whose actions negatively impact the business. For a prospective franchisee, this clause offers some assurance that All County is willing to protect its interests and the interests of its franchisees by pursuing legal remedies against external wrongdoers.

Furthermore, the agreement outlines that all rights and remedies are cumulative, and none exclude any other right or remedy allowed by law. In the event of a breach requiring enforcement of the agreement's terms, the non-prevailing party is responsible for the prevailing party's attorney's fees and costs. This encourages adherence to the agreement and provides a mechanism for All County to recover expenses incurred while pursuing legitimate claims against other parties, reinforcing its commitment to protecting its brand and network.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.