factual

Are the remedies provided in the Embassy Suites franchise agreement exclusive, or are they cumulative with other remedies?

Embassy_Suites Franchise · 2025 FDD

Answer from 2025 FDD Document

These remedies are not exclusive of any other remedies that you or we may be entitled to in case of any breach or threatened breach of the terms and provisions of this Agreement.

Source: Item 22 — CONTRACTS (FDD page 97)

What This Means (2025 FDD)

According to Embassy Suites's 2025 Franchise Disclosure Document, the remedies outlined in the franchise agreement are not exclusive. This means that Embassy Suites, as the franchisor, or the franchisee are not limited to only the remedies specified in the agreement in the event of a breach or threatened breach of the agreement's terms.

For a prospective Embassy Suites franchisee, this implies that both parties have access to a broader range of legal and equitable remedies beyond those specifically listed in the franchise agreement. This could include seeking injunctions, specific performance, damages, or other remedies available under applicable law. The availability of cumulative remedies provides both Embassy Suites and its franchisees with greater flexibility in addressing breaches of the franchise agreement and protecting their respective interests.

This clause ensures that neither party is unduly restricted in their ability to seek redress for violations of the agreement. It is a fairly standard provision in franchise agreements, as it allows for a more comprehensive approach to resolving disputes and enforcing the terms of the agreement. Franchisees should be aware of this provision and understand that they may have recourse to remedies beyond those explicitly mentioned in the contract.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.