factual

For All Team, what is the effect of a single exercise of a right by the Secured Party?

All_Team Franchise · 2025 FDD

Answer from 2025 FDD Document

A delay, omission, or course of dealing on the part of Secured Party in exercising any right, power, or remedy will not operate as a waiver of it, except if this Agreement expressly requires the right, power, or remedy to be exercised within a specified time, and a single or partial exercise by Secured Party of any right, power, or remedy does not preclude any further exercise of it or the exercise of any other right, power, or remedy.

Source: Item 22 — CONTRACTS (FDD pages 33–34)

What This Means (2025 FDD)

According to All Team's 2025 Franchise Disclosure Document, a single or partial exercise by the Secured Party of any right, power, or remedy does not prevent any further exercise of it. It also does not prevent the exercise of any other right, power, or remedy. This means that if the Secured Party chooses to enforce one right, it does not forfeit its ability to enforce that same right again in the future, nor does it prevent them from enforcing any other rights they possess.

For a prospective All Team franchisee, this clause is significant because it clarifies that the Secured Party's actions are not limited by previous choices. The Secured Party can act on any right or remedy available to them, without losing the ability to act on other rights or remedies, or to act on the same right again later. This provides the Secured Party with considerable flexibility in managing the agreement and responding to any defaults by the franchisee.

This provision is designed to protect the Secured Party's interests and ensure they have multiple avenues for recourse in case of a breach or default by the franchisee. Franchisees should be aware of this clause and understand that the Secured Party's rights are cumulative and not mutually exclusive. This encourages franchisees to maintain compliance with all terms of the agreement to avoid potential enforcement actions by the Secured Party.

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.