factual

Does the Buona franchise agreement allow for cumulative 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 franchise agreement does allow for cumulative remedies. Specifically, the franchise agreement states that no right or remedy conferred upon or reserved to Buona is exclusive of any other right or remedy, whether outlined in the agreement, by law, or in equity. This means that Buona can pursue multiple avenues of recourse simultaneously if a franchisee breaches the agreement.

For a prospective Buona franchisee, this clause implies that any violation of the franchise agreement could lead to a combination of penalties or legal actions. Buona isn't limited to choosing just one remedy; they can pursue several at once. This could include financial penalties, legal injunctions, or even termination of the franchise agreement, depending on the nature and severity of the breach.

This is a fairly standard clause in franchise agreements. It protects Buona's interests by ensuring they have a full range of options available to address any issues that may arise from a franchisee's non-compliance. Franchisees should be aware of this provision and understand that failing to meet their obligations under the agreement could result in multiple, concurrent actions by Buona.

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.