Are the rights and remedies under the Bombs Away franchise agreement cumulative?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.6 Cumulative Remedies. Rights and remedies under this Agreement are cumulative. No enforcement of a right or remedy precludes the enforcement of any other right or remedy.
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to the 2024 Bombs Away Franchise Disclosure Document, the rights and remedies within the franchise agreement are cumulative. This means that if Bombs Away chooses to enforce one right or remedy, it does not prevent them from enforcing any other right or remedy they may have.
For a Bombs Away franchisee, this is important because the franchisor has multiple avenues for recourse if the franchisee violates the agreement. For example, if a franchisee breaches the agreement, Bombs Away could pursue legal action for damages while simultaneously exercising other contractual rights, such as terminating the agreement. This provides Bombs Away with significant flexibility in addressing breaches or disputes.
This type of clause is standard in franchise agreements, as it protects the franchisor's interests by ensuring they can utilize all available legal and contractual options. Franchisees should be aware of this provision and understand that Bombs Away is not limited to a single course of action if a breach occurs.