Are the rights and remedies of the parties to the Fly Fitness agreement exclusive of other available rights or remedies?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
- 11.9 Remedies Cumulative.
All rights and remedies of the parties to this Agreement shall be cumulative and not alternative, in addition to and not exclusive of any other rights or remedies that are provided for herein or that 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 Developer or any of its affiliates and Franchisor or any of its affiliates.
The rights and remedies of the parties to this Agreement shall be continuing and shall 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 Article 7 shall not discharge or release Developer 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.
Source: Item 23 — RECEIPT (FDD pages 45–182)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, the rights and remedies outlined in the agreement are cumulative and do not exclude any other rights or remedies available by law or equity. This means that Fly Fitness and its franchisees have multiple avenues for resolving disputes or addressing breaches of the agreement.
This provision ensures that neither Fly Fitness nor the franchisee is limited to only the remedies specified in the franchise agreement. They can also pursue any other legal or equitable remedies available to them. This could include seeking injunctions, specific performance, or other forms of relief through the courts.
The agreement also states that the rights and remedies are continuing and can be exercised as often as needed. The expiration or termination of the agreement does not release the franchisee from any liabilities or obligations that have accrued or continue beyond the termination date. This protects Fly Fitness's interests even after the franchise relationship ends.