Does the Buona franchise agreement state that the rights or remedies conferred to the franchisor are exclusive?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
- 7.6 No right or remedy herein conferred upon or reserved to Franchisor is exclusive of any other right or remedy provided or permitted by law or equity.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, the franchise agreement specifies that no right or remedy conferred upon or reserved to Buona is exclusive of any other right or remedy provided or permitted by law or equity. This means that Buona retains all available options and legal avenues for addressing any issues or breaches of contract by the franchisee.
This provision is fairly standard in franchising, as it ensures that the franchisor isn't limited in how they can respond to a franchisee's default or violation of the franchise agreement. It allows Buona to pursue multiple remedies simultaneously or choose the most appropriate course of action based on the specific circumstances. For example, Buona could pursue legal action for damages while also terminating the franchise agreement if the franchisee is in breach.
For a prospective Buona franchisee, this clause underscores the importance of complying with all terms and conditions of the franchise agreement. It highlights that Buona has a wide range of options for enforcing the agreement and protecting its brand and system. Franchisees should be aware that defaulting on the agreement could lead to multiple legal and financial repercussions.