Regarding the exercise of rights for a Chatime franchise, can a party exercise a right, power, or remedy separately from another right, power, or remedy?
Chatime Franchise · 2025 FDDAnswer from 2025 FDD Document
A party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power, or remedy. A single or partial exercise of a right, power, or remedy by a party does not prevent a further exercise of that or of any other right, power, or remedy. Failure by a party to exercise or delay in exercising a right, power, or remedy does not prevent its exercise.
Source: Item 23 — Receipts (FDD pages 58–262)
What This Means (2025 FDD)
According to Chatime's 2025 Franchise Disclosure Document, a party can exercise a right, power, or remedy at its discretion, either separately or concurrently with another right, power, or remedy. This means Chatime or the franchisee isn't obligated to exercise all available rights simultaneously or in a specific order. They can choose to enforce one right without necessarily enforcing others.
Furthermore, the FDD states that a single or partial exercise of a right, power, or remedy by a party does not prevent a further exercise of that or any other right, power, or remedy. This implies that if Chatime or the franchisee initially chooses to only partially enforce a right or remedy, they still retain the option to fully enforce it later, or to pursue other rights and remedies as well. This provides flexibility in how they address any breaches or issues that may arise.
Finally, the agreement specifies that the failure by a party to exercise or delay in exercising a right, power, or remedy does not prevent its exercise. This means that if either Chatime or the franchisee delays in enforcing a particular right, they do not lose the ability to enforce that right at a later time. This protects both parties from inadvertently waiving their rights due to inaction or delay.