Are the remedies conferred upon the Franchisee or Company in the Aplus Franchise Agreement exclusive?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
24.3. Cumulative Rights and Remedies
No right or remedy conferred upon or reserved to Franchisor or Franchisee by this Agreement is intended to be, nor shall be deemed, exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be in addition to every other right or remedy. Nothing contained herein shall bar Franchisor's right to obtain injunctive relief against threatened conduct that may cause it loss or damages, including obtaining restraining orders and preliminary and permanent injunctions.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, the rights and remedies provided to both Aplus and the franchisee in the franchise agreement are not exclusive. This means that Aplus and its franchisees can pursue any and all available legal avenues in addition to the specific remedies outlined in the agreement.
This provision ensures that neither party is limited to a single course of action if a dispute arises. Aplus retains the right to seek injunctive relief against any actions that threaten to cause loss or damages, including obtaining restraining orders, preliminary injunctions, and permanent injunctions. This is a common practice in franchising, as it allows franchisors to quickly address actions that could harm the brand or system.
This section of the Aplus franchise agreement clarifies that the remedies listed are cumulative and do not prevent either party from pursuing other legal options. Franchisees should be aware of this provision, as it means that Aplus is not restricted in the legal actions it can take, and franchisees also have access to a full range of legal options.