Against whom do Kitchen Solvers and the franchisee expressly reserve their rights and claims?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
- Reservation of Claims Against Non-Settling Parties. Kitchen Solvers and Franchisee expressly reserve their right and claims against any non-settling persons, firms, corporations, or other entities for whatever portion or percentage their damages are found to be attributable to the wrongful conduct of said non-settling parties.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, both Kitchen Solvers and the franchisee expressly reserve their rights and claims against any non-settling persons, firms, corporations, or other entities. This reservation applies to whatever portion or percentage their damages are found to be attributable to the wrongful conduct of these non-settling parties.
In practical terms, this means that if Kitchen Solvers or the franchisee settles a dispute with each other, they still retain the right to pursue claims against other parties who may have contributed to the damages. For example, if a supplier's defective products caused damages, settling with Kitchen Solvers does not prevent the franchisee from suing the supplier. Similarly, if the franchisee settles with Kitchen Solvers, Kitchen Solvers can still pursue action against other responsible parties.
This clause protects both parties by ensuring they can seek full compensation for damages, even if they initially resolve issues between themselves. It is a common legal practice to reserve rights against non-settling parties to ensure all avenues of recovery are available. Prospective franchisees should understand this provision as a safeguard that allows them to pursue additional claims if other entities are also at fault.