Are the rights under the Belocal agreement cumulative?
Belocal Franchise · 2025 FDDAnswer from 2025 FDD Document
- J.
Remedies Cumulative.
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.
Source: Item 22 — CONTRACTS (FDD page 71)
What This Means (2025 FDD)
According to Belocal's 2025 Franchise Disclosure Document, the rights and remedies outlined in the franchise agreement are cumulative. This means that all rights and remedies available to both parties are in addition to, and not exclusive of, any other rights or remedies provided in the agreement, available at law, or in equity. This applies in cases of any breach, failure, default, or threatened breach of any term, provision, or condition within the agreement or any other agreement between the franchisee (or its affiliates) and Belocal (or its affiliates).
This cumulative nature ensures that the parties' rights and remedies are continuous and not exhausted by a single use. They can be exercised at any time and as often as necessary. The option to enforce any right or remedy can also be exercised or taken at any time and from time to time.
Furthermore, the expiration or termination of the agreement, or the exercise of Belocal's rights, does not release the franchisee from any liability or obligation that has already accrued or that continues beyond the termination. The franchisee is also responsible for covering all court costs and reasonable attorney's fees incurred by Belocal in pursuing any remedy for violations of the agreement. This comprehensive approach to remedies protects Belocal's interests and ensures franchisees remain accountable for their obligations under the franchise agreement.