Is Cr3 American Exteriors' right to Interim Remedies in addition to other rights or remedies?
Cr3_American_Exteriors Franchise · 2025 FDDAnswer from 2025 FDD Document
If we send you a written notice that you are in default of this Agreement, the Manuals, or any other agreement with us, we may elect to immediately impose an interim remedy (the "Interim Remedies"), regardless of whether the default is curable, including the suspension of our obligations under this Agreement. You understand, acknowledge, and agree that our exercise of our right to impose Interim Remedies will not result in actual or constructive termination or abandonment of this Agreement, and that our right to Interim Remedies is in addition to, and apart from, any other right or remedy we may have in this Agreement. If we exercise the right to Interim Remedies, the exercise will not be a waiver of any breach by you of any term, covenant or condition of this Agreement. You will not be entitled to any compensation, including repayment, reimbursement, refund or offsets, for any fees, charges, expenses or losses you may directly or indirectly incur by reason of our exercise and/or withdrawal of any Interim Remedy. Interim Remedies include:
Source: Item 23 — RECEIPTS (FDD pages 53–150)
What This Means (2025 FDD)
According to Cr3 American Exteriors' 2025 Franchise Disclosure Document, the franchisor's right to Interim Remedies is in addition to any other rights or remedies they may have. If Cr3 American Exteriors sends a franchisee a written notice of default, they can immediately impose an interim remedy, regardless of whether the default can be fixed. These Interim Remedies can include suspending Cr3 American Exteriors' obligations under the agreement.
The FDD specifies that exercising the right to impose Interim Remedies does not mean Cr3 American Exteriors is terminating or abandoning the agreement. It also does not act as a waiver of any breach by the franchisee.
Furthermore, the franchisee is not entitled to any compensation for losses incurred due to Cr3 American Exteriors exercising or withdrawing any Interim Remedy. This means a franchisee could face operational disruptions and financial losses if Cr3 American Exteriors decides to implement such measures, even if the franchisee is disputing the default or attempting to rectify the situation.