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

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

For a prospective franchisee, this is a significant consideration. It means that Brain Balance has a wide range of options available to them if the franchisee breaches the agreement. They are not limited to choosing just one remedy but can pursue multiple avenues simultaneously to protect their interests. This could include seeking financial compensation, injunctive relief (a court order to stop certain actions), or terminating the franchise agreement, among other things.

This is a fairly standard clause in franchise agreements, designed to protect the franchisor's brand and system. Franchisees should be aware of this and understand that any failure to comply with the franchise agreement could result in multiple actions taken by Brain Balance. It is important to carefully review the franchise agreement and understand all obligations to avoid potential defaults and the cumulative remedies Brain Balance could pursue.