Are the rights and remedies provided in the Bhc franchise agreement in addition to or in substitution of other rights and remedies available at law or in equity?

According to Bhc's 2025 Franchise Disclosure Document, the rights and remedies outlined in the franchise agreement are in addition to, and not a replacement for, any other legal or equitable rights and remedies available to either party. This means that both Bhc and the franchisee retain all rights and remedies granted by law, even if those rights aren't specifically mentioned in the franchise agreement.

This provision offers franchisees a degree of protection, ensuring that they are not limited to only the remedies specified in the franchise agreement. Bhc, similarly, can pursue any legal avenues available to them, alongside the contractual remedies.

For example, in the event of a violation of non-competition covenants, Bhc is entitled to recover damages, including royalties, marketing and promotion fees, and the initial franchise fee. These remedies are cumulative and do not exclude any other rights or remedies Bhc might have under the law. This comprehensive approach to remedies aims to protect Bhc's interests while also acknowledging the broader legal framework within which the franchise operates.