Are the rights and remedies under the Carvel agreement exclusive of other rights and remedies under the agreement or applicable law?
Carvel Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as otherwise stated in this Agreement, no right or remedy that the parties have under this Agreement is exclusive of any other right or remedy under this Agreement or under applicable law.
Each and every such remedy will be in addition to, and not in limitation of or substitution for, every other remedy available at law or in equity or by statute or otherwise.
Source: Item 23 — Receipts (FDD pages 100–353)
What This Means (2025 FDD)
According to Carvel's 2025 Franchise Disclosure Document, the rights and remedies that the parties have under the agreement are not exclusive of other rights and remedies, unless otherwise stated in the agreement.
This means that Carvel franchisees have various avenues for resolving disputes or addressing breaches of contract. They are not limited to only one specific course of action. This provision ensures that franchisees can pursue all available legal and equitable remedies, offering a broader scope of protection and recourse.
This approach is fairly standard in franchising, as it aims to provide a balanced framework where both the franchisor and franchisee can seek appropriate resolution through multiple channels, whether stipulated in the agreement, available at law, in equity, or by statute.