Are the remedies in the Fast Fix Jewelry And Watch Repairs franchise agreement cumulative?
Fast_Fix_Jewelry_And_Watch_Repairs Franchise · 2025 FDDAnswer from 2025 FDD Document
- (l) Except as otherwise expressly provided in this Agreement, no remedy conferred on Franchisee or Franchisor pursuant to this Agreement is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given pursuant to this Agreement or now or hereafter existing at law or in equity or by statute or otherwise.
No single or partial exercise by any party of any right, power or remedy pursuant to this Agreement shall preclude any other or further exercise thereof.
Source: Item 22 — CONTRACTS (FDD page 37)
What This Means (2025 FDD)
According to Fast Fix Jewelry And Watch Repairs's 2025 Franchise Disclosure Document, the remedies conferred to both the franchisee and franchisor are not exclusive. This means that each remedy available is cumulative and in addition to any other remedy provided by the agreement, existing at law, in equity, or by statute.
For a prospective Fast Fix Jewelry And Watch Repairs franchisee, this clause provides additional protection. If Fast Fix Jewelry And Watch Repairs breaches the agreement, the franchisee can pursue multiple remedies simultaneously rather than being limited to a single course of action. This could include seeking injunctive relief, monetary damages, and other available legal or equitable remedies.
Furthermore, the franchise agreement states that no single or partial exercise of any right, power, or remedy will prevent any other or further exercise of that right. This ensures that neither party waives their rights by initially pursuing one remedy over another. This is a common clause in franchise agreements to protect the interests of both parties and provide flexibility in resolving disputes.