Are the rights and remedies available to parties in the Ella Cafe agreement considered cumulative or alternative?
Ella_Cafe Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee acknowledge and agree that this exercise of our business judgement is not reviewable by a judge or arbitrator.
- 18.15 Remedies Cumulative.
All rights and remedies of the parties to this Agreement are cumulative and not alternative, in addition to and not exclusive of any other rights or remedies which are provided for herein or which may be available at law or in equity in case of any breach, failure, or default or threatened breach, failure, or default of any term, provision, or condition of this Agreement or any other agreement between Franchisee or any of its Affiliates and Franchisor or any of its Affiliates.
The rights and remedies of the parties to this Agreement will be continuing and will not be exhausted by any one or more uses thereof and may be exercised at any time or from time to time as often as may be expedient; and any option or election to enforce any such right or remedy may be exercised or taken at any time and from time to time.
The expiration, earlier termination, or exercise of Franchisor's rights pursuant to Section 14. of this Agreement will not discharge or release Franchisee or any Owner 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.
Additionally, Franchisee and Owners will pay all court costs and reasonable attorneys' fees and costs incurred by Franchisor in obtaining any remedy available to Franchisor for any violation of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2024 FDD)
According to Ella Cafe's 2024 Franchise Disclosure Document, the rights and remedies available to both parties are cumulative and not alternative. This means that if either Ella Cafe or the franchisee experiences a breach or default of any term or condition within the franchise agreement, they can pursue multiple rights and remedies simultaneously.
This provision is in addition to, and not exclusive of, any other rights or remedies provided in the agreement or available under law or equity. The repeated use of a right or remedy does not exhaust it, and options to enforce these rights can be exercised at any time as needed.
Furthermore, the expiration or termination of the agreement, or the exercise of Ella Cafe's rights, does not release the franchisee from any existing or continuing liabilities or obligations. The franchisee is also responsible for covering all court costs, reasonable attorneys' fees, and costs incurred by Ella Cafe in obtaining any remedy for a violation of the agreement. This comprehensive approach ensures that all available avenues for resolution and compensation remain open to the parties involved.