factual

Does the Buona franchise agreement state that the rights and remedies conferred upon Buona are exclusive?

Buona Franchise · 2025 FDD

Answer 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.

  • 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 upon or reserved to Buona are not exclusive. Buona retains all other rights and remedies provided or permitted by law or equity, and each right is cumulative of any other right or remedy provided in the agreement. This means Buona is not limited to only one specific remedy if a franchisee breaches the agreement; it can pursue multiple avenues of resolution simultaneously.

This provision is typical in franchise agreements, as it protects the franchisor's interests by providing flexibility in addressing franchisee non-compliance. It allows Buona to choose the most effective course of action based on the specific circumstances of each situation. For example, Buona could pursue legal action while also demanding compliance with specific operational standards.

For a prospective Buona franchisee, this clause highlights the importance of understanding all obligations under the franchise agreement. Failure to comply can trigger multiple remedies from Buona, potentially leading to significant financial or operational consequences for the franchisee. Franchisees should seek legal counsel to fully understand their rights and obligations under the agreement.

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.