Are the rights and remedies under the Crave Cookies franchise agreement cumulative?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
- 18.6 Cumulative Remedies. Rights and remedies under this Agreement are cumulative.
No enforcement of a right or remedy precludes the enforcement of any other right or remedy.
Source: Item 22 — CONTRACTS (FDD page 47)
What This Means (2025 FDD)
According to Crave Cookies's 2025 Franchise Disclosure Document, the rights and remedies within the franchise agreement are cumulative. This means that if Crave Cookies chooses to enforce one right or remedy, it does not prevent them from enforcing any other right or remedy they may have under the agreement.
For a prospective franchisee, this is a significant consideration. It allows Crave Cookies a wide range of options in addressing any breach or issue, without limiting their future actions. For example, if a franchisee fails to meet a certain operational standard, Crave Cookies could initially issue a warning. This action would not prevent them from later pursuing more severe remedies, such as termination of the agreement, if the issue persists or if other breaches occur.
This clause is generally favorable to the franchisor, providing them with flexibility in managing the franchise relationship and protecting their brand. Franchisees should be aware of this provision and understand that any misstep could potentially lead to multiple simultaneous or sequential actions by Crave Cookies. Franchisees should seek legal counsel to fully understand the implications of this clause and how it might affect their rights and obligations under the franchise agreement.