Are the rights and remedies under the Crown Gold Exchange franchise agreement cumulative?
Crown_Gold_Exchange Franchise · 2024 FDDAnswer from 2024 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 pages 38–39)
What This Means (2024 FDD)
According to the 2024 Crown Gold Exchange Franchise Disclosure Document, the rights and remedies within the franchise agreement are cumulative. This means that if either Crown Gold Exchange or the franchisee fails to enforce a right or remedy, it does not prevent them from enforcing any other right or remedy available to them.
For a prospective Crown Gold Exchange franchisee, this is a beneficial clause. It ensures that the franchisor cannot claim that by not enforcing one right, they have waived their ability to enforce others. This protects the franchisee by ensuring Crown Gold Exchange must still meet all obligations, even if they have been lenient in the past.
This type of clause is fairly standard in franchise agreements. It aims to provide clarity and prevent disputes over whether a party has waived its rights through previous actions or inactions. Franchisees should be aware of this clause and understand that Crown Gold Exchange retains the right to enforce all aspects of the agreement, regardless of past enforcement decisions.