Are the rights and remedies under the Cinnabon agreement exclusive of any other right or remedy under the agreement or applicable law?
Cinnabon Franchise · 2025 FDDAnswer from 2025 FDD Document
- 19.2 Cumulative Rights and Remedies.
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 114–399)
What This Means (2025 FDD)
According to the 2025 Cinnabon Franchise Disclosure Document, the rights and remedies that both Cinnabon and the franchisee have are not exclusive of any other right or remedy, unless otherwise stated in the agreement. This means that the remedies available in the agreement are in addition to any other remedies available under law or equity.
This clause ensures that franchisees and Cinnabon are not limited to only the remedies specified in the Franchise Agreement. They can also pursue any other legal avenues available to them. This provides a broader scope of protection and recourse for both parties in case of disputes or breaches of contract.
However, the agreement also specifies certain limitations. For example, neither party can recover special, consequential, exemplary, or punitive damages, except for the franchisee's obligation to indemnify Cinnabon for third-party claims, infringement of intellectual property, and breaches of confidentiality. This limitation on damages could impact the potential financial recovery in certain dispute scenarios. Additionally, while arbitration is generally required, both parties retain the right to seek injunctive relief from a court of competent jurisdiction under certain circumstances.