Are the remedies available to the Sublicensor exclusive, or are they cumulative for Bens Soft Pretzels?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 4.4 Cumulative Rights. No remedy herein contained or conferred upon Sublicensor, Licensor, their respective successors or assigns, is intended to be exclusive of any other remedy or remedies, but each and every remedy shall be cumulative and shall be in addition to every other remedy herein provided for or now or hereafter existing at law or in equity.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels's 2025 Franchise Disclosure Document, the remedies available to the Sublicensor are cumulative. This means that the Sublicensor is not limited to a single remedy but can pursue multiple remedies simultaneously or in any order they choose.
For a prospective Bens Soft Pretzels franchisee, this is important because it provides the Sublicensor with greater flexibility and power in addressing any breaches or defaults by the franchisee. The franchisee should be aware that the Sublicensor can pursue any combination of legal and equitable remedies available to them, which could include monetary damages, injunctive relief, specific performance, or termination of the sublicense agreement.
This clause is generally favorable to the Sublicensor, as it maximizes their options for recourse in case of a breach by the franchisee. Franchisees should carefully consider the implications of this provision and understand the full range of potential remedies that the Sublicensor may pursue. This is a fairly standard clause in franchise agreements, intended to protect the franchisor's interests and ensure compliance with the terms of the agreement.