Are the rights and remedies under the Fly To Fit franchise agreement cumulative?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.6 Cumulative Remedies. Rights and remedies under this Agreement are cumulative.
No enforcement of a right or remedy precludes the enforcement of any other right or remedy.
Source: Item 22 — CONTRACTS (FDD page 44)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, the rights and remedies within the franchise agreement are cumulative. This means that Fly To Fit's legal rights and remedies can be added together and don't cancel each other out. Fly To Fit can pursue multiple avenues of resolution simultaneously or consecutively if a franchisee breaches the agreement.
For a prospective Fly To Fit franchisee, this clause implies that any action taken by Fly To Fit to enforce one right or remedy does not prevent them from enforcing any other right or remedy they may have. This could include actions such as requiring cash on delivery for products or services, discontinuing the supply of products and services, or requesting third-party vendors to withhold products or services. These actions are in addition to any other rights or remedies available to Fly To Fit.
This provision protects Fly To Fit by ensuring they have various options available to address any issues that may arise during the franchise term. It also means that Fly To Fit is not limited to a single course of action but can pursue multiple remedies to protect its interests and the integrity of the Fly To Fit brand.