Does Cr3 American Exteriors waive any breach by exercising 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's 2025 Franchise Disclosure Document, the company's exercise of Interim Remedies does not constitute a waiver of any breach of the agreement by the franchisee. Cr3 American Exteriors may choose to implement Interim Remedies upon written notice of a default, regardless of whether the default can be corrected. These remedies can include suspending their obligations under the agreement.
This means that even if Cr3 American Exteriors uses an Interim Remedy, they still retain the right to pursue further action regarding the franchisee's breach. The franchisee is not entitled to any compensation or reimbursement for losses incurred due to the exercise or withdrawal of any Interim Remedy.
This clause protects Cr3 American Exteriors's ability to address franchisee defaults without forfeiting their broader legal rights. Prospective franchisees should understand that Cr3 American Exteriors can take immediate action to mitigate potential damage from a breach without waiving their right to seek further remedies.