Are the rights and remedies outlined in the Beef O Bradys franchise agreement considered cumulative?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
19.10 Cumulative Remedies. The rights and remedies provided in this Agreement are cumulative and neither you nor we will be prohibited from exercising any other right or remedy provided under this Agreement or permitted by law or equity.
19.11 Costs and Attorneys' Fees. If a claim for amounts owed by you to us or any of our affiliates is asserted in any legal or arbitration proceeding or if either you or we are required to enforce this Agreement in a judicial or arbitration proceeding, the party prevailing in such proceeding will be entitled to reimbursement of its costs and expenses, including reasonable accounting and attorneys' fees.
Source: Item 23 — RECEIPTS. (FDD pages 66–330)
What This Means (2025 FDD)
According to the 2025 Beef O Bradys Franchise Disclosure Document, the rights and remedies detailed in the franchise agreement are cumulative. This means that neither Beef O Bradys nor the franchisee is restricted from using any other right or remedy available under the agreement, or as permitted by law or equity. This is detailed in section 19.10 of the franchise agreement.
For a prospective Beef O Bradys franchisee, this clause is beneficial because it ensures that all available legal avenues remain open for resolving disputes or addressing breaches of contract. It prevents either party from being limited to a single course of action, allowing for a more comprehensive approach to protecting their interests. This is a fairly standard clause in franchise agreements.
Additionally, in the event of a dispute, the prevailing party is entitled to reimbursement of costs and expenses, including reasonable accounting and attorneys' fees, as stated in section 19.11. This further protects franchisees, ensuring that they can pursue their rights without incurring excessive financial burdens. This also applies to Beef O Bradys, ensuring they can recoup costs if they prevail in a legal dispute.
Furthermore, the Lease Assignment agreement specifies that the provisions within it are considered a special remedy and do not exclude any remedies granted in the Franchise Agreement or any other agreement between the parties. These remedies are deemed additional and cumulative, enforceable concurrently or successively. This ensures that Beef O Bradys has multiple avenues for recourse in case of franchisee default.