Are the rights and remedies of the Franchisor, Bang Cookies, cumulative?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
None of the remedies available to us under this Article are exclusive of any other, but may be combined with others under this Agreement, or at law or in equity, including injunctive relief, specific performance and recovery of monetary damages.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, the remedies available to Bang Cookies are cumulative. Specifically, the franchise agreement states that none of the remedies available to Bang Cookies are exclusive of any other.
This means Bang Cookies can combine remedies available under the agreement, at law, or in equity. These remedies include injunctive relief, specific performance, and recovery of monetary damages.
For a prospective franchisee, this implies that if they breach the franchise agreement, Bang Cookies has the right to pursue multiple avenues of recourse simultaneously to protect its interests. This could include seeking a court order to stop the franchisee from continuing the harmful behavior (injunctive relief), demanding the franchisee fulfill their contractual obligations (specific performance), and seeking financial compensation for any losses suffered as a result of the breach (monetary damages).