Are the rights and remedies in the Belocal franchise agreement cumulative or alternative?
Belocal Franchise · 2025 FDDAnswer from 2025 FDD Document
All rights and remedies of the parties to this Agreement are cumulative and not alternative, in addition to and not exclusive of any other rights or remedies which are provided for herein or which may be available at law or in equity in case of any breach, failure, or default or threatened breach, failure, or default of any term, provision, or condition of this Agreement or any other agreement between Franchisee or any of its affiliates and Franchisor or any of its affiliates.
The rights and remedies of the parties to this Agreement shall be continuing and shall not be exhausted by any one or more uses thereof and may be exercised at any time or from time to time as often as may be expedient; and any option or election to enforce any such right or remedy may be exercised or taken at any time and from time to time.
The expiration, earlier termination, or exercise of Franchisor's rights pursuant to Section 10. of this Agreement shall not discharge or release Franchisee or any of the Principals from any liability or obligation
Source: Item 22 — CONTRACTS (FDD page 71)
What This Means (2025 FDD)
According to Belocal's 2025 Franchise Disclosure Document, the rights and remedies detailed in the franchise agreement are cumulative, not alternative. This means that Belocal and its franchisees have multiple avenues for recourse in case of a breach or default, and pursuing one remedy does not prevent them from pursuing others.
This provision benefits Belocal franchisees because it provides them with maximum flexibility in addressing any issues that may arise during the franchise term. For example, if Belocal breaches the agreement, the franchisee can pursue legal action for damages while also seeking other forms of relief, such as specific performance or injunctive relief. This ensures that the franchisee has access to all available options to protect their investment and business interests.
The cumulative nature of remedies is a fairly standard practice in franchise agreements, as it aims to provide comprehensive protection for both parties. However, franchisees should carefully review the specific remedies available under the Belocal agreement and understand how they can be exercised in different situations. It is also important to note that while the remedies are cumulative, there may be limitations or conditions on their availability, as indicated by the reference to Section 7 regarding the Limited Warranty being the exclusive remedy for certain breaches.