Are the rights and remedies under the Desi District franchise agreement cumulative?
Desi_District Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.6 Cumulative Remedies. Rights and remedies under this Agreement are cumulative.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to Desi District's 2024 Franchise Disclosure Document, the rights and remedies within the franchise agreement are cumulative. This means that if Desi District or the franchisee has multiple rights or remedies available to them under the agreement, they can pursue all of them separately or simultaneously.
This provision prevents a party from being forced to choose a single course of action when multiple options are available. For example, if a franchisee breaches the agreement in several ways, Desi District can pursue all available remedies for each breach instead of being limited to a single remedy.
For a prospective Desi District franchisee, this clause implies that any failure to meet the obligations outlined in the franchise agreement could lead to a combination of penalties and corrective actions by Desi District. It is important to understand the full scope of potential liabilities and ensure full compliance with the agreement to avoid triggering multiple remedies.