Are the rights and remedies conferred upon Buona exclusive of any other right or remedy?
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 rights and remedies conferred upon or reserved to Buona are not exclusive of any other right or remedy. Instead, Buona retains all rights and remedies available, whether outlined in the franchise agreement, by law, or in equity. These rights are cumulative, meaning Buona can pursue any combination of remedies available to them.
This non-exclusivity and cumulative nature of remedies is a standard practice in franchising, designed to protect the franchisor's interests and ensure compliance with the franchise agreement. It allows Buona to utilize various legal and contractual options to address any breach or default by the franchisee.
For a prospective Buona franchisee, this means that Buona has significant latitude in how they choose to respond to any issues that may arise. It is important for franchisees to understand their obligations under the franchise agreement and to maintain open communication with Buona to address any concerns proactively. Franchisees should seek legal counsel to fully understand the implications of these clauses and their rights and responsibilities under the franchise agreement.