Are the rights and remedies granted in the Crepe De Licious Owners Agreement cumulative?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
If Franchisor exercises said right, Franchisor shall not have waived its right to, in the case of future defaults, exercise all other rights and invoke all other provisions that are provided in law and/or set out under this Agreement.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Crepe De Licious Franchise Disclosure Document, if Crepe De Licious exercises a right, it does not waive its right to exercise all other rights and invoke all other provisions that are provided in law and/or set out under the agreement in the case of future defaults. This means that Crepe De Licious's legal options are cumulative, not mutually exclusive.
For a prospective Crepe De Licious franchisee, this clause is important because it means that if you breach the agreement, Crepe De Licious has multiple avenues for recourse. They are not limited to a single remedy. This could include pursuing legal action for damages, terminating the franchise agreement, or other actions as permitted by law and the agreement. The franchisee should be aware that any leniency shown by the franchisor in one instance does not prevent them from taking stricter action in the future if other breaches occur.
This type of clause is fairly standard in franchise agreements. It protects the franchisor's interests by ensuring they can utilize all available legal and contractual options to address any breaches by the franchisee. Franchisees should carefully review the entire agreement with legal counsel to fully understand their obligations and the potential consequences of any violations.