Are the rights and remedies available to parties in the Dryject agreement considered cumulative or alternative?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
39. REMEDIES CUMULATIVE
All rights and remedies of the parties hereto shall be cumulative and not alternative, in addition to and not exclusive of any other rights or remedies which are provided for in this Agreement or which may be available at law or in equity in case of any actual or threatened breach, failure or default of any term, provision or condition of this Agreement or any other agreement between You and Us or Our affiliates. The rights and remedies of the parties under this Agreement shall be continuing and may be exercised at any time or from time to time. The expiration, earlier termination, or exercise of Our rights pursuant to Section 32 of this Agreement shall not discharge or release You from any liability or obligation then accrued, or any liability or obligation continuing beyond, or arising out of, the expiration, the earlier termination, or the exercise of such rights under this Agreement.
40. LIMITATIONS OF CLAIMS
Except with regard to Your obligation to pay Us and Our affiliates Royalty Service Fees, Marketing Fund Fees and other fees or payments of every nature and kind due from You pursuant to this Agreement or otherwise, any claims between the parties must be commenced within one (1) year from the date on which the party asserting the claim knew or should have known of the facts giving rise to the claim or such claim shall be barred. The parties understand that this time limit might be shorter than otherwise allowed by law. You agree that the sole recourse for claims arising between the parties shall be against Us or Our successors and assigns. You agree that Our shareholders, members, managers, directors, officers, employees and agents and Our affiliates shall not be personally liable nor named as a party in any action between Franchisee and Franchisor. You and We further agree that, in connection with any such proceeding, each must submit or file any claim which would constitute a compulsory counterclaim (as defined by Rule 13 of the Federal Rules of Civil Procedure) within the same proceeding as the claim to which it relates. Any such claim that is not submitted or filed as described above shall be forever barred. The parties agree that any proceeding will be conducted on an individual, not a class-wide, basis and that a proceeding between You and Us may not be consolidated with another proceeding between Us and any other person or entity. No previous course of dealing shall be admissible to
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, the rights and remedies available to both parties are cumulative and not alternative. This means that Dryject and its franchisees have multiple avenues for recourse in case of a breach or default, and pursuing one remedy does not prevent them from seeking others.
This provision is highly favorable for both Dryject and its franchisees, as it provides flexibility in addressing potential issues. For instance, if a franchisee fails to meet certain performance standards, Dryject could pursue termination of the agreement while also seeking damages for any financial losses incurred. Similarly, a franchisee could pursue legal action for breach of contract while simultaneously seeking to negotiate a resolution with Dryject.
The agreement specifies that these cumulative rights and remedies are in addition to, and not exclusive of, any other rights or remedies available at law or in equity. This ensures that all available legal options remain open to both parties. The rights and remedies are continuing and may be exercised at any time or from time to time. The expiration or termination of the agreement does not release either party from liabilities or obligations that have already accrued or that continue beyond the termination date.
However, there is a limitation on claims. Except for the franchisee's obligation to pay royalties, service fees, marketing fund fees, and other payments, any claims between the parties must be commenced within one year from the date the party knew or should have known about the facts giving rise to the claim. This timeframe might be shorter than otherwise allowed by law. The agreement also specifies that recourse for claims is solely against Dryject, and not against its shareholders, members, managers, directors, officers, employees, agents, or affiliates.