What happens to UWIN's other rights if the Benjamin Franklin Plumbing agreement is terminated?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
- 5.5 Other Relief.
Any termination under Sections 5.1, 5.2, 5.3 and 5.4 of this Agreement will be without prejudice to any other rights (including any right of indemnity), remedy or relief vested in or to which UWIN may otherwise be entitled against Contractor.
All moneys paid by Contractor to UWIN under this Agreement or otherwise will be retained by UWIN as consideration for the rights and benefits previously conferred on Contractor hereunder.
The foregoing remedy does not exclude any of the remedies which UWIN may have at law or in equity by reason of the default, breach or non-observance by Contractor of any provision of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing FDD, UWIN retains other rights even if the agreement with the contractor is terminated. Specifically, any termination of the agreement does not undermine any other rights, remedies, or relief that UWIN is entitled to against the contractor. This includes any right of indemnity.
Furthermore, all money paid by the contractor to UWIN is kept by UWIN as consideration for the rights and benefits that were previously given to the contractor. This means that a Benjamin Franklin Plumbing franchisee would not be able to recoup any payments made to UWIN even if the agreement is terminated.
Finally, the remedies available to UWIN as described in the agreement do not exclude any other remedies UWIN might have at law or in equity because of any default, breach, or non-compliance by the contractor. This provision ensures that UWIN's legal options remain fully available, regardless of the specific terms outlined in the agreement.