Are Dermani Medspa's rights under the agreement cumulative?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
- 11.14. Remedies. The remedies provided to the Parties by this Agreement are not exclusive or exhaustive, but cumulative and in addition to any other remedies the Parties may have, at law or in equity.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to Dermani Medspa's 2025 Franchise Disclosure Document, the remedies provided to both parties in the agreement are not exclusive or exhaustive. Instead, they are cumulative and in addition to any other remedies that the parties may have, whether at law or in equity. This means that Dermani Medspa is not limited to a single course of action if a franchisee breaches the agreement.
For a prospective Dermani Medspa franchisee, this clause implies that the franchisor has several options for recourse if the franchisee violates the agreement. Dermani Medspa can pursue multiple remedies simultaneously or consecutively, increasing the potential consequences for non-compliance. This could include seeking financial damages, injunctive relief, or termination of the franchise agreement, among other options.
This type of clause is relatively standard in franchise agreements, as it protects the franchisor's interests and ensures they have sufficient means to address breaches of contract. Franchisees should be aware of this provision and understand that any violation of the agreement could lead to a combination of penalties and legal actions from Dermani Medspa.