Are the rights and remedies in the Camp Margaritaville agreement cumulative or exclusive?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
- 9.6 Cumulative Remedies.
All rights and remedies provided in this Agreement are cumulative and not exclusive, and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the parties or otherwise.
Source: Item 23 — RECEIPTS (FDD pages 72–406)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, the rights and remedies provided in the franchise agreement are cumulative and not exclusive. This means that if Camp Margaritaville or the franchisee exercises any right or remedy, it does not prevent them from using any other rights or remedies available to them. These rights can be available at law, in equity, by statute, or in any other agreement between the parties.
For a prospective franchisee, this is a beneficial term. It provides Camp Margaritaville franchisees with multiple avenues for recourse if there is a breach of contract or other issue. The franchisee is not limited to a single course of action but can pursue various remedies simultaneously or sequentially to achieve the desired outcome.
This clause is fairly standard in franchise agreements, as it protects both parties by ensuring that the available legal and contractual options remain open. It is important for franchisees to understand the full scope of their rights and remedies under the agreement, and this cumulative remedies clause helps to ensure that all options are on the table.