Are the remedies available to Beard Papas under Article 4 exclusive?
Beard_Papas Franchise · 2025 FDDAnswer from 2025 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 58–275)
What This Means (2025 FDD)
According to the 2025 Beard Papas FDD, the remedies available to Beard Papas under Article 4 are not exclusive. Specifically, the FDD states that none of the remedies available are exclusive of any other.
This means that Beard Papas has the flexibility to combine remedies available under the agreement, at law, or in equity. These remedies can include injunctive relief, specific performance, and recovery of monetary damages. This provides Beard Papas with multiple avenues for recourse in case of a breach of contract by the franchisee.
For a prospective franchisee, this indicates that Beard Papas has significant legal options should the franchisee fail to comply with the terms of the franchise agreement. It is important for franchisees to understand their obligations and the potential consequences of non-compliance, as Beard Papas is not limited to a single course of action in addressing breaches.