Can the rights and remedies of the parties to the Fly Fitness agreement be exhausted by one use?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
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 of the parties to the agreement are continuing and not exhausted by a single use. This means that Fly Fitness and its franchisees can exercise their rights and remedies under the agreement multiple times as needed.
This provision ensures that neither party is limited to a single instance of enforcing their rights. They can address breaches, failures, or defaults repeatedly without losing their ability to take action in the future. This is particularly important in a long-term franchise relationship where various issues may arise over time.
For a prospective Fly Fitness franchisee, this clause offers reassurance that the franchisor's failure to act on one default does not prevent them from addressing similar or different defaults later on. Similarly, Fly Fitness retains the ability to enforce the agreement's terms even after taking action on a previous violation. This promotes ongoing compliance and protects the interests of both parties throughout the duration of the franchise agreement.
This type of clause is standard in franchise agreements to ensure that all parties can protect their interests over the long term. It provides a framework for addressing ongoing issues and maintaining a stable business relationship.