Are the remedies available to Azal Coffee for a breach considered cumulative or alternative?
Azal_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
These remedies are cumulative and not alternative and will be in addition to every remedy given under this Agreement, any other agreement between me and the Company, or now or later existing at law or in equity, by statute or otherwise.
The election of one or more remedies will not constitute a waiver of any right to pursue other remedies.
Source: Item 23 — RECEIPTS (FDD pages 51–204)
What This Means (2024 FDD)
According to Azal Coffee's 2024 Franchise Disclosure Document, the remedies available to the company and franchisor for a breach of agreement are cumulative, not alternative. This means that Azal Coffee is entitled to pursue multiple remedies simultaneously or sequentially, without being limited to choosing only one.
Specifically, Azal Coffee can seek an injunction to stop the franchisee from continuing the breach, in addition to any other rights and remedies they might have. They are also entitled to recover all costs and expenses, including actual attorneys' fees and costs, incurred in enforcing the agreement. This provision ensures that Azal Coffee can fully protect its interests and recover losses resulting from a franchisee's breach.
The FDD emphasizes that electing one remedy does not waive the right to pursue other remedies. This provides Azal Coffee with significant flexibility in addressing breaches and ensures that all available legal avenues remain open. This is a common practice in franchising, as it allows franchisors to comprehensively address violations of the franchise agreement and protect their brand and system standards.