Are the rights of the parties under the Amorino franchise agreement considered cumulative?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
The rights of the parties hereunder are cumulative and no exercise or enforcement by a party hereto of any right or remedy granted hereunder shall preclude the exercise or enforcement by them of any other right or remedy it may have.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, the rights of both parties are cumulative under the franchise agreement. This means that if either Amorino or the franchisee exercises or enforces any right or remedy, it does not prevent them from exercising or enforcing any other rights or remedies they may have.
For a prospective Amorino franchisee, this clause ensures that Amorino cannot claim that by exercising one right, the franchisee has waived their ability to exercise any other rights they possess under the agreement. This protects the franchisee by ensuring they retain all rights and remedies available to them, even if they have already pursued one course of action.
This type of clause is fairly standard in franchise agreements. It aims to provide clarity and prevent disputes over whether pursuing one legal avenue precludes the pursuit of others. It generally benefits both parties by ensuring that all available rights and remedies remain accessible throughout the term of the agreement.