Are the remedies in the Aplus Franchise Agreement cumulative?
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 conferred to either Aplus or the franchisee are not exclusive. This means that if Aplus has a legal recourse outlined in the franchise agreement, they can pursue that option in addition to any other legal remedies available under law or equity.
This section of the FDD also specifies that Aplus retains the right to seek injunctive relief against any actions that may cause them loss or damages. This includes the ability to obtain restraining orders, preliminary injunctions, and permanent injunctions.
For a prospective franchisee, this clause implies that Aplus has several avenues for resolving disputes or addressing breaches of contract, increasing the potential legal risks for franchisees. It is important to understand the full scope of these rights and remedies to assess the potential liabilities and obligations under the Aplus Franchise Agreement.