Are the rights and remedies reserved to Floors To Go in the agreement exclusive?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
- c. No right or remedy herein conferred upon or reserved to us is exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder.
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Floors To Go Franchise Disclosure Document, the rights and remedies that Floors To Go reserves are not exclusive. Instead, they are cumulative to any other rights or remedies provided by the agreement, law, or equity. This means that Floors To Go has multiple avenues for recourse and is not limited to a single course of action in addressing any issues or breaches of contract.
For a prospective franchisee, this is a standard clause that ensures Floors To Go can utilize all available legal and contractual options to protect its interests and the integrity of the franchise system. It provides Floors To Go with flexibility in how it chooses to respond to different situations, potentially allowing them to select the most effective remedy on a case-by-case basis.
This clause is generally included to protect the franchisor's interests and ensure they have various means to address any issues that may arise during the franchise term. Franchisees should be aware of this provision, as it reinforces the franchisor's ability to enforce the agreement through multiple legal and equitable avenues.