Under the All County Franchise Agreement, are the rights and remedies cumulative?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Attorneys' Fees. All rights and remedies under this Agreement shall be cumulative and none shall exclude any other right or remedy allowed by law. In the event of a breach of this Agreement that requires one of the parties to enforce the terms and conditions of this Agreement, the non-prevailing party shall pay the prevailing party's attorneys' fees and costs incurred by reason of the breach.
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, the rights and remedies within the Franchise Agreement are cumulative. This means that All County's ability to pursue one legal avenue does not prevent them from pursuing others.
This provision benefits All County, as it provides them with maximum flexibility in addressing any breaches of the agreement by the franchisee. For example, if a franchisee fails to pay royalties, All County could pursue legal action for the unpaid royalties while simultaneously exercising other contractual rights, such as terminating the franchise agreement if the breach is severe enough.
The Franchise Agreement also states that in the event of a breach requiring legal enforcement, the non-prevailing party is responsible for covering the prevailing party's attorney's fees and associated costs. This clause further protects All County by ensuring they can recover expenses incurred while enforcing the agreement. Franchisees should be aware of this clause, as it could significantly increase their financial exposure in the event of a dispute with All County.