Under what circumstances can Cr3 American Exteriors impose Interim 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, Cr3 American Exteriors may impose Interim Remedies if they send the franchisee a written notice stating that the franchisee is in default of the Franchise Agreement, the Manuals, or any other agreement with them. These Interim Remedies can be imposed immediately, regardless of whether the default is curable.
The document specifies that Cr3 American Exteriors' decision to impose Interim Remedies does not constitute an actual or constructive termination or abandonment of the agreement. The right to impose Interim Remedies is in addition to any other right or remedy Cr3 American Exteriors may have under the agreement. Furthermore, exercising the right to impose Interim Remedies does not waive any breach by the franchisee of any term, covenant, or condition of the agreement.
The franchisee is not entitled to any compensation, including repayment, reimbursement, refund, or offsets, for any fees, charges, expenses, or losses incurred due to Cr3 American Exteriors' exercise or withdrawal of any Interim Remedy. This means that if Cr3 American Exteriors imposes an Interim Remedy, the franchisee bears the financial burden of that decision, even if it results in losses for the franchisee.