Are the rights and remedies of either party under the Beyond Juicery Eatery agreement cumulative or exclusive?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
- J.
No waiver by us of any breach by you, nor any delay or failure by us to enforce any provision of this Agreement, may be deemed to be a waiver of any other or subsequent breach or be deemed an estoppels to enforce our rights with respect to that or any other or subsequent breach.
This Agreement may not be waived, altered or rescinded, in whole or in part, except by a writing signed by you and us.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to the 2025 Beyond Juicery Eatery Franchise Disclosure Document, the agreement specifies that the franchisor's failure to enforce a provision or their waiving a breach by the franchisee does not prevent them from enforcing their rights for any other breach. Specifically, a delay in enforcing a provision does not mean the franchisor is waiving their right to enforce it later. This indicates that the rights and remedies available to Beyond Juicery Eatery are cumulative, meaning they can pursue multiple remedies rather than being limited to a single, exclusive one.
This clause protects Beyond Juicery Eatery by ensuring that any leniency or forbearance shown to a franchisee in one instance does not set a precedent or weaken their ability to enforce the franchise agreement strictly in the future. It also clarifies that any changes to the agreement must be in writing and signed by both parties, preventing disputes over alleged verbal agreements or implied waivers.
For a prospective franchisee, this means that Beyond Juicery Eatery has significant latitude in how they choose to address any violations of the franchise agreement. Franchisees should be aware that the franchisor's actions in one situation do not bind them in others, and they must always adhere to the terms of the agreement to avoid potential enforcement actions. This underscores the importance of fully understanding the franchise agreement and seeking legal counsel to clarify any ambiguities before signing.