What is the effect of a failure to exercise a right or remedy under the Bambu MUD Agreement?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
- 24.13 Cumulative Rights. The rights and remedies of Bambu and Franchisee hereunder are cumulative and no exercise or enforcement by Bambu or Franchisee of any right or remedy hereunder shall preclude the exercise or enforcement by Bambu or Franchisee of any other right or remedy hereunder which Bambu or Franchisee is entitled by law to enforce.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, the rights and remedies available to both Bambu and the franchisee are cumulative. This means that if either party chooses to exercise or enforce a specific right or remedy under the MUD Agreement, it does not prevent them from also exercising or enforcing any other rights or remedies they are legally entitled to.
This provision ensures that neither Bambu nor the franchisee is limited in their ability to protect their interests. For example, if Bambu initially addresses a franchisee's breach of contract through informal means, it does not forfeit its right to pursue legal action later if the breach continues. Similarly, a franchisee's decision to initially overlook a minor issue on Bambu's part does not prevent them from addressing a more significant breach in the future.
This cumulative rights clause is a standard legal protection mechanism in franchise agreements, designed to provide flexibility and ensure that all available avenues for recourse remain open to both parties throughout the term of the agreement. It is important for prospective franchisees to understand that all rights and remedies remain available, regardless of whether some are used and others are not.