Are the remedies available to parties under the Auntie Annes agreement exclusive?
Auntie_Annes Franchise · 2024 FDDAnswer from 2024 FDD Document
- 19.2 Cumulative Rights and Remedies.
Except as otherwise stated in this Agreement, no right or remedy that the parties have under this Agreement is exclusive of any other right or remedy under this Agreement or under applicable law.
Each and every such remedy will be in addition to, and not in limitation of or substitution for, every other remedy available at law or in equity or by statute or otherwise.
Source: Item 22 — CONTRACTS (FDD page 106)
What This Means (2024 FDD)
According to Auntie Annes's 2024 Franchise Disclosure Document, the rights and remedies outlined in the franchise agreement are not exclusive. This means that the parties involved, which include Auntie Annes and the franchisee, can pursue other rights and remedies available to them under the agreement or any applicable law, in addition to those specifically mentioned in the franchise agreement.
This provision ensures that neither Auntie Annes nor the franchisee is limited to only the remedies listed in the agreement. They can also utilize any other legal avenues available to them. This can be particularly important if the remedies specified in the franchise agreement are insufficient to address a particular issue or dispute.
For a prospective Auntie Annes franchisee, this clause offers a degree of protection and flexibility. It means that if Auntie Annes breaches the agreement, the franchisee is not limited to only the remedies listed in the agreement but can also seek other legal remedies. Similarly, Auntie Annes retains the right to pursue all available legal options against a franchisee who violates the agreement.
The FDD also specifies that either party has the right to seek temporary restraining orders and preliminary injunctive relief from a court of competent jurisdiction with respect to any dispute subject to arbitration. This does not remove the requirement to submit the dispute for arbitration on the merits as provided in the franchise agreement.