Are the rights and remedies provided in the Hydrodog franchise agreement cumulative?
Hydrodog Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree that such fee and banking notification is in addition to any other rights or remedies we may have under this Agreement or at law.
We may, in our sole and absolute discretion, choose to grant you an opportunity to cure the non-compliance prior to imposing the Non-Compliance Fee or pursuing other remedies, but we have no obligation to do so and our choice to grant a cure opportunity in one instance does not require us to do so in any other instance.
We shall have the right to require any form of verification to determine non-compliance, with or without cause, including but not limited to documentation, photos, video tours, etc.
You shall be required to furnish such verification within seventy-two (72) hours of our request.
We have the right to make personal visits without notice to your HydroDog Business.
Source: Item 23 — RECEIPTS (FDD pages 43–166)
What This Means (2025 FDD)
According to Hydrodog's 2025 Franchise Disclosure Document, the franchisor retains rights and remedies in addition to those outlined in the franchise agreement or by law. Specifically, if a franchisee fails to comply with certain requirements, Hydrodog may impose a Non-Compliance Fee. The franchise agreement states that this fee and banking notification is in addition to any other rights or remedies Hydrodog may have under the agreement or at law.
Hydrodog has the discretion to allow a franchisee an opportunity to correct the non-compliance before imposing the Non-Compliance Fee or pursuing other remedies. However, Hydrodog is not obligated to do so, and the decision to grant a cure opportunity in one instance does not obligate them to do so in any other instance. Hydrodog has the right to require any form of verification to determine non-compliance, with or without cause, including documentation, photos, or video tours. The franchisee is required to furnish such verification within seventy-two (72) hours of Hydrodog's request. Hydrodog also retains the right to make personal visits without notice to the franchisee's HydroDog Business.
This clause in the Hydrodog franchise agreement means that Hydrodog has several avenues for recourse if a franchisee violates the agreement. They can pursue one or more of these options simultaneously or sequentially, depending on the nature and severity of the breach. This is a common practice in franchising, as it allows the franchisor flexibility in addressing franchisee non-compliance and protecting the brand's interests.