Are the rights and remedies granted to Brain Balance in the franchise agreement cumulative?

According to Brain Balance's 2025 Franchise Disclosure Document, the rights and remedies granted to Brain Balance are cumulative. Specifically, each right or remedy Brain Balance has under the agreement is in addition to any other rights or remedies available by law or equity.

For a prospective franchisee, this means that if Brain Balance believes the franchisee has violated the franchise agreement, Brain Balance can pursue multiple avenues of recourse simultaneously. They are not limited to choosing only one remedy. This could include legal action, termination of the agreement, or other actions, all pursued at the same time.

This is a common clause in franchise agreements, designed to protect the franchisor's interests and ensure compliance with the agreement. Franchisees should be aware of this provision and understand that any breach of the agreement could lead to multiple simultaneous actions by Brain Balance.