Are the remedies available to Beverly Anns Cookie cumulative or exclusive?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
None of the remedies available to us under this Agreement are exclusive of any other, but may be combined with others under this Agreement, or at law or in equity, including injunctive relief, specific performance, and recovery of monetary damages.
Any claim, defense, or cause of action you may have against us or against Franchisee, regardless of cause or origin, cannot be used as a defense against our enforcement of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, the remedies available to the franchisor are cumulative. This means that the remedies can be combined with others available under the agreement, at law, or in equity.
For a prospective Beverly Ann's Cookie franchisee, this implies that if they breach the agreement, Beverly Ann's Cookie has the right to pursue multiple avenues of recourse simultaneously. These avenues may include injunctive relief, specific performance, and recovery of monetary damages. Injunctive relief is a court order requiring the franchisee to stop a certain action, while specific performance compels the franchisee to fulfill their obligations under the franchise agreement.
Furthermore, the agreement specifies that any claims or defenses a franchisee may have against Beverly Ann's Cookie cannot be used to prevent the enforcement of the agreement. This clause strengthens Beverly Ann's Cookie's position in enforcing the agreement and seeking remedies for any breaches by the franchisee.