What remedies does Beyond Juicery Eatery have upon an Event of Default under Section 10.01?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
10.02 Among the remedies we have for breach of this Agreement, upon the occurrences of any Event of Default under Section 10.01, we may: (a) terminate this Agreement and all rights granted hereunder without waiving, (i) any claim for damages suffered by us, or (ii) other rights, remedies or claims; (b) terminate any and all Franchise Agreements and all rights granted thereunder without waiving, (i) any claim for damages suffered by us, or (ii) other rights, remedies, or claims; and (c) assert any and all other rights or remedies available to us.
10.03 Subject to the provisions of Section 10.06, all rights and remedies of either party shall be cumulative, and not exclusive, of any other right or remedy described herein or available at law or in equity.
The expiration or termination of this Agreement shall not release any party from any liability or obligation then accrued or any liability or obligation continuing beyond, or arising from, such expiration or termination.
Nothing in this Agreement shall impair either party's right to obtain injunctive or other equitable relief.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, Section 10.02 outlines the remedies available to them upon the occurrence of any Event of Default as defined in Section 10.01. These remedies include the right to terminate the Area Development Agreement and all rights granted to the developer without waiving any claims for damages or other rights, remedies, or claims. Additionally, Beyond Juicery Eatery can terminate any and all Franchise Agreements and all rights granted under those agreements, again without waiving any claims for damages or other rights and remedies. Finally, Beyond Juicery Eatery can assert any and all other rights or remedies available to them.
In practical terms, if a developer fails to meet their obligations as defined in Section 10.01, Beyond Juicery Eatery has broad authority to terminate the agreement, shut down franchise operations, and pursue legal action to recover damages. This could include failure to comply with the development schedule, failure to complete required training programs, breach of any representation or warranty, unauthorized transfers, bankruptcy, or failure to meet standards and specifications.
The FDD also states in Section 10.03 that all rights and remedies of either party are cumulative and not exclusive of any other right or remedy described or available at law or in equity, subject to the provisions of Section 10.06. This means that Beyond Juicery Eatery is not limited to the specific remedies listed in Section 10.02 and can pursue any other legal or equitable remedies available to them. The expiration or termination of the agreement does not release any party from any liability or obligation then accrued or any liability or obligation continuing beyond, or arising from, such expiration or termination. Furthermore, nothing in the agreement impairs either party's right to obtain injunctive or other equitable relief.
Prospective franchisees should carefully review Section 10.01 to understand what constitutes an Event of Default and the potential consequences. Understanding these default conditions and the remedies available to Beyond Juicery Eatery is crucial for assessing the risks and obligations associated with the franchise agreement.