Are the remedies for understated payments in All County reports in addition to other rights?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event an inspection or audit reveals that any payments have been understated in any report to us, then you must immediately pay to us the amount understated upon demand, in addition to interest from the date such amount was due until paid, at the highest contract rate of interest permitted by law. If an inspection or audit discloses an understatement in any report of two percent (2%) or more, you shall, in addition to repayment of monies owed with interest, reimburse us for any and all costs and expenses connected with the inspection or audit, including, without limitation, the charges of attorneys and independent accountants and the travel expenses, room and board and compensation of our employees. The foregoing remedies are in addition to our other remedies and rights under this Agreement and applicable law.
Source: Item 23 — Receipts (FDD pages 43–157)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, the remedies for understated payments are in addition to other rights. Specifically, if an inspection or audit reveals that payments have been understated in any report to All County, the franchisee must immediately pay the understated amount upon demand. This payment includes interest from the date the amount was originally due until it is paid, calculated at the highest contract rate of interest permitted by law.
Furthermore, if the understatement in any report is two percent (2%) or more, the franchisee is responsible for reimbursing All County for all costs and expenses associated with the inspection or audit. These costs may include charges from attorneys and independent accountants, as well as travel expenses, room and board, and compensation for All County's employees.
The FDD explicitly states that these remedies for understated payments are in addition to any other remedies and rights that All County has under the Franchise Agreement and applicable law. This means that All County retains all other legal and contractual rights, and is not limited to only the remedies described for understated payments.