Are the remedies of ATFC under the All Team Funding Agreement considered exclusive?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
- I. No Waiver. No failure to delay on the part of ATFC in exercising any right, power or privilege hereunder, and no course of dealing between ATFC and USER shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude the simultaneous or later exercise of any similar or different right, power or privilege. The remedies of ATFC hereunder shall be deemed to be cumulative and not exclusive.
Source: Item 23 — RECEIPT (FDD pages 34–161)
What This Means (2025 FDD)
According to All Team's 2025 Franchise Disclosure Document, the remedies available to All Team Franchise Corporation (ATFC) under the Funding Agreement are cumulative and not exclusive. This means that ATFC has multiple options for addressing any issues or breaches by the franchisee (USER) and is not limited to a single course of action.
For a prospective All Team franchisee, this is important because it indicates that All Team has significant flexibility in how it responds to any defaults or non-compliance with the Funding Agreement. All Team can pursue multiple remedies simultaneously or sequentially, which could include actions such as terminating the agreement, collecting outstanding accounts receivable, or pursuing legal action.
The franchisee should be aware that All Team's ability to pursue cumulative remedies could potentially increase the financial and legal risks associated with any breach of the Funding Agreement. It is advisable for franchisees to fully understand their obligations under the agreement and to seek legal counsel if they have any concerns about their ability to comply with its terms. This clause protects All Team by ensuring they can utilize all available legal avenues to recoup losses or enforce compliance without being restricted to a single remedy.