Does the Kidokinetics agreement state that the remedies available to the franchisor are exclusive?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Remedies Cumulative.
All rights and remedies of the Franchisor to this Agreement are cumulative and not alternative, in addition to and not exclusive of any other rights or remedies that are provided for in this Agreement or that may be available at law or in equity in case of any breach, failure or default or threatened breach, failure or default of any term, provision or condition of this Agreement or any other agreement between Franchisee or any of its affiliates and Franchisor or any of its affiliates.
The rights and remedies of the Franchisor to this Agreement are continuing and not exhausted by any one or more uses thereof, and may be exercised at any time or from time to time as often as may be expedient and any option or election to enforce any such right or remedy may be exercised or taken at any time and from time to time.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to the 2024 Kidokinetics Franchise Disclosure Document, the remedies available to the franchisor are cumulative and not exclusive. Specifically, the FDD states that all rights and remedies of Kidokinetics are cumulative and in addition to any other rights or remedies provided in the agreement, available at law, or in equity. This means Kidokinetics is not limited to a single course of action if a franchisee breaches the agreement.
This section of the franchise agreement ensures that Kidokinetics has maximum flexibility in addressing any issues that may arise with a franchisee. It protects Kidokinetics's interests by allowing them to pursue multiple avenues of recourse simultaneously or sequentially, as they deem appropriate.
For a prospective Kidokinetics franchisee, this clause implies that breaching the franchise agreement could lead to a combination of penalties and legal actions. It is important to understand all the terms and conditions of the agreement to avoid potential defaults that could trigger these remedies. Franchisees should seek legal counsel to fully understand their obligations and the potential consequences of non-compliance.