Are the rights and remedies available to parties in the Cicis Franchise Agreement considered cumulative or alternative?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
All rights and remedies of the parties to this Agreement will be cumulative and not alternative, in addition to and not exclusive of any other rights or remedies which are provided for herein or which may be available at Law or in equity in case of any breach, failure, or default or threatened breach, failure, or default of any term, provision, or condition of this Agreement or any other agreement between you and any of your affiliates, and us or any of our affiliates.
The rights and remedies of the parties to this Agreement shall be continuing and shall not be exhausted by any one or more uses thereof, and may be exercised at any time or from time to time as often as may be expedient; and any option or election to enforce any such right or remedy may be exercised or taken at any time and from time to time.
The expiration or earlier termination this Agreement shall not discharge or release you from any liability or obligation then accrued, or any liability or obligation continuing beyond, or arising out of, the expiration, the earlier termination or the exercise of such rights under this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 64–65)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, the rights and remedies available to both parties in the Franchise Agreement are cumulative and not alternative. This means that each party has multiple options for recourse if the other breaches the agreement. These rights are in addition to, and not exclusive of, any other rights or remedies provided in the agreement, available at law, or in equity. This applies to any breach, failure, or default of any term, provision, or condition in the agreement or any other agreement between the franchisee, its affiliates, Cicis, or its affiliates.
This cumulative approach to remedies benefits Cicis franchisees by providing them with a wider range of options if Cicis fails to meet its obligations. For example, if Cicis breaches the agreement, the franchisee can pursue multiple avenues of resolution simultaneously rather than being limited to a single course of action. This could include seeking legal remedies, such as an injunction or damages, while also pursuing other contractual remedies outlined in the agreement.
The rights and remedies available to both parties are ongoing and can be exercised as often as needed. The choice to enforce any right or remedy can be made at any time. The expiration or termination of the Franchise Agreement does not release the franchisee from any existing liabilities or obligations that continue beyond the termination date or arise from the exercise of rights under the agreement. This ensures that all responsibilities are fulfilled even after the agreement ends.
In practical terms, this clause strengthens the franchisee's position by ensuring that all possible legal and contractual avenues remain open in the event of a dispute or breach by Cicis. Franchisees should understand this provision as a safeguard, allowing them to pursue comprehensive solutions to protect their investment and business interests.