Can the rights and remedies in the Belocal franchise agreement be exhausted by a single use?
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
then accrued, or any liability or obligation continuing beyond, or arising out of, the expiration, the earlier termination, or the exercise of such rights under this Agreement. Additionally, Franchisee and the Principals shall pay all court costs and reasonable attorneys' fees and costs incurred by Franchisor in obtaining any remedy available to Franchisor for any violation of this Agreement.
- K. No Third-Party Beneficiary.
Source: Item 22 — CONTRACTS (FDD page 71)
What This Means (2025 FDD)
According to Belocal's 2025 Franchise Disclosure Document, the rights and remedies available to both parties in the franchise agreement are cumulative and ongoing. This means that if either Belocal or the franchisee exercises a particular right or remedy, it does not prevent them from using the same or other rights and remedies in the future.
Belocal's rights and remedies are not exhausted by a single use and can be applied as often as necessary or appropriate. This ensures that both parties can address any breaches, failures, or defaults under the agreement without being limited by prior actions.
This provision offers Belocal flexibility in enforcing the franchise agreement and addressing any ongoing or repeated violations by the franchisee. It also clarifies that the expiration or termination of the agreement does not release the franchisee from liabilities or obligations that have already accrued or continue beyond the termination date. Additionally, the franchisee is responsible for covering all court costs and reasonable attorney's fees incurred by Belocal in pursuing any remedy for violations of the agreement.