Are the rights and remedies available to Deer Solution upon termination exclusive of each other?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
None of the remedies available to us under this Article are exclusive of any other, but may be combined with others under this Agreement, or at law or in equity, including injunctive relief, specific performance, and recovery of monetary damages.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to the 2025 Deer Solution Franchise Disclosure Document, the remedies available to Deer Solution are not exclusive. This means that Deer Solution has the flexibility to combine multiple remedies if a franchisee breaches the agreement.
Specifically, Deer Solution can pursue remedies available under the franchise agreement, as well as those available by law or equity. These remedies can include injunctive relief, which is a court order requiring the franchisee to stop a certain action, specific performance, which compels the franchisee to fulfill their obligations under the contract, and the recovery of monetary damages to compensate for losses suffered by Deer Solution.
This provision is generally favorable for Deer Solution, as it provides them with various options to address breaches of the franchise agreement and protect their interests and the Deer Solution brand. For a prospective franchisee, it is important to understand that Deer Solution has significant legal recourse in case of a breach, and they are not limited to a single course of action. The franchisee should carefully review the circumstances under which Deer Solution can exercise these remedies and assess the potential financial and operational impact on their business.