factual

Does the Kitchen Solvers agreement state that all rights and remedies under the agreement are cumulative?

Kitchen_Solvers Franchise · 2025 FDD

Answer from 2025 FDD Document

Therefore, it is mutually agreed that in the event of a breach or threatened breach of any of the terms of this Agreement the other party will forthwith be entitled to seek an injunction restraining such breach and/or to a decree of specific performance, without showing or proving any actual damage, together with recovery of reasonable attorneys' fees and other costs incurred in obtaining said equitable relief, until such time as a final and binding determination is made by the arbitrators.

Source: Item 23 — Receipts (FDD pages 49–190)

What This Means (2025 FDD)

Based on the 2025 Kitchen Solvers Franchise Disclosure Document excerpts provided, there is no explicit statement confirming that all rights and remedies under the agreement are cumulative. However, the addendums for Minnesota, North Dakota, Maryland and New York state that nothing in the Franchise Agreement can abrogate or reduce any of franchisee's rights as provided for in state statutes. This suggests that franchisees retain all rights and remedies available to them under applicable laws, in addition to those specified in the agreement.

In the Minnesota addendum, it states that in the event of a breach or threatened breach of any of the terms of the Agreement, Kitchen Solvers will be entitled to seek an injunction restraining such breach and/or to a decree of specific performance, without showing or proving any actual damage, together with recovery of reasonable attorneys' fees and other costs incurred in obtaining said equitable relief, until such time as the arbitrators make a final and binding determination. This clause ensures Kitchen Solvers can pursue legal remedies for breaches, but it doesn't clarify whether these remedies are cumulative with other rights.

Prospective Kitchen Solvers franchisees should seek clarification from the franchisor regarding whether the rights and remedies outlined in the franchise agreement are intended to be cumulative with all other rights and remedies available under applicable laws. It would also be prudent to consult with a legal professional to fully understand their rights and remedies under the franchise agreement and relevant state laws.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.