Are the rights and remedies of the Kidokinetics Franchisor cumulative or alternative?
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 Kidokinetics' 2024 Franchise Disclosure Document, the rights and remedies of the franchisor are cumulative, not alternative. This means that Kidokinetics has the ability to pursue multiple avenues of recourse simultaneously if a franchisee breaches the franchise agreement.
This provision is highly favorable to Kidokinetics, as it provides them with maximum flexibility in addressing franchisee defaults. For a prospective franchisee, this means that any misstep could trigger a cascade of actions from Kidokinetics, increasing the potential financial and legal repercussions. It is not uncommon for franchise agreements to have cumulative remedies, but franchisees should be aware of the full scope of their obligations to avoid triggering such measures.
The franchise agreement specifies that these rights and remedies are in addition to, and not exclusive of, any other rights or remedies available at law or in equity. This ensures that Kidokinetics can leverage all available legal options. The agreement also states that these rights are continuing and not exhausted by one-time use, allowing Kidokinetics to act as often as necessary. This section of the franchise agreement emphasizes the comprehensive and ongoing protection of Kidokinetics' interests, placing a significant burden on the franchisee to adhere strictly to the agreement's terms.