factual

Does Buona have exclusive rights or remedies outlined in the franchise agreement, or are they cumulative with other rights and remedies?

Buona Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 24.6 Cumulative Remedies.

No right or remedy herein conferred upon or reserved to Franchisor is exclusive of any other right or remedy herein, or by law or equity provided or permitted; but each shall be cumulative of any other right or remedy provided in this Agreement.

Source: Item 22 — CONTRACTS (FDD page 78)

What This Means (2025 FDD)

According to Buona's 2025 Franchise Disclosure Document, the rights and remedies conferred to Buona are cumulative and not exclusive. This means that Buona has the ability to pursue any and all legal avenues available to them, rather than being limited to a single course of action.

Specifically, the franchise agreement states that no right or remedy reserved to Buona is exclusive of any other right or remedy provided by law or equity. Instead, each right or remedy is cumulative, meaning they can be used together or separately. This gives Buona a wide range of options when addressing any issues or breaches of contract by the franchisee.

For prospective franchisees, this clause implies that Buona retains significant power in the franchisor-franchisee relationship. If a franchisee violates the agreement, Buona can pursue multiple remedies simultaneously, increasing the potential consequences for the franchisee. This is a fairly standard practice in franchising, as it protects the franchisor's brand and system standards. Franchisees should be aware of this provision and ensure they fully understand their obligations under the franchise agreement to avoid triggering these cumulative remedies.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.