Are the remedies available to Itan under the agreement exclusive of any other remedies?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
No remedy available to us under this Agreement is exclusive of any other, but may be combined with others under this Agreement, or at Law or in equity, including injunctive relief, specific performance and recovery of monetary damages.
Source: Item 23 — RECEIPT (FDD pages 44–190)
What This Means (2025 FDD)
According to Itan's 2025 Franchise Disclosure Document, the remedies available to Itan are not exclusive. Itan can combine any remedy with others available under the agreement, at law, or in equity. This includes seeking injunctive relief, specific performance, and recovering monetary damages. This clause appears in multiple agreements, including the Brand Protection Agreement and Confidentiality Agreement.
For a prospective franchisee, this means that Itan has a wide range of options when addressing any breach of contract or other issues. Itan is not limited to a single course of action but can pursue multiple remedies simultaneously. This could include legal action, financial compensation, or other forms of equitable relief.
This approach is fairly standard in franchising, as it allows the franchisor flexibility in protecting its brand and enforcing its agreements. Franchisees should be aware that Itan can pursue multiple avenues of recourse if they fail to meet their obligations under the franchise agreement or related agreements.