Are Fly Fitness's rights and remedies under the Guaranty cumulative or alternative?

According to Fly Fitness's 2024 Franchise Disclosure Document, the franchisor's rights, powers, and remedies under the Guaranty and any other agreement between Fly Fitness and the guarantor are cumulative and not alternative. This means that Fly Fitness can pursue any or all of the available rights and remedies simultaneously or in any order they choose. They are not required to pick one remedy to the exclusion of others.

This provision is highly favorable to Fly Fitness, as it provides maximum flexibility in addressing any breaches or defaults related to the franchise agreement. A prospective franchisee should understand that any guarantor (likely a principal of the franchisee entity) will be subject to these terms, potentially increasing their personal exposure in case of issues with the franchise.

In practical terms, if a franchisee defaults on their obligations, Fly Fitness could pursue legal action against the franchisee, exercise its rights under the franchise agreement, and simultaneously seek recourse from the guarantor, without having to choose one path over the others. This could involve seeking monetary damages, injunctive relief, or any other available remedy, all at the same time. This is a common clause in franchise agreements to protect the franchisor's interests.