Does the exercise of any right or remedy by either party under the Itan agreement preclude any other right or remedy?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
The rights of the parties under this Agreement are cumulative and no exercise or enforcement by either party of any right or remedy under this Agreement will preclude any other right or remedy available under this Agreement or by Law.
Source: Item 23 — RECEIPT (FDD pages 44–190)
What This Means (2025 FDD)
According to Itan's 2025 Franchise Disclosure Document, the rights and remedies available to both parties are cumulative. This means that if either Itan or the franchisee exercises or enforces a right or remedy under the Franchise Agreement, it does not prevent them from pursuing any other rights or remedies available to them, whether outlined in the agreement itself or provided by law. This ensures that all available avenues for resolution or compensation remain open.
For a prospective Itan franchisee, this clause offers a degree of protection and flexibility. If Itan breaches the agreement, the franchisee can pursue multiple avenues of recourse without forfeiting any options. Similarly, Itan retains the ability to pursue multiple remedies if the franchisee violates the agreement.
This type of clause is fairly standard in franchise agreements, as it aims to provide comprehensive protection for both parties. It clarifies that the exercise of one right does not constitute a waiver of any other rights, ensuring that all legal and contractual options remain available. Franchisees should be aware of this provision as it can be beneficial in protecting their interests and providing multiple avenues for resolving disputes or addressing breaches of contract.