Under the Kitchen Solvers franchise agreement, are the franchisor's rights and remedies cumulative?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
ta, requiring waiver of a jury trial or requiring the franchisee to consent to liquidated damages, termination penalties or judgment notes. In addition, nothing in the Franchise Disclosure Document or agreement(s) can abrogate or reduce any of franchisee's rights as provided for in Minnesota Statutes, Chapter 80C, or franchisee's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction.
In the event you breach or threaten to breach any of the terms of this Agreement, we 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.
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving and claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Minnesota Rule 2860.4400D prohibits us from requiring you to assent to a release, assignment, novation, or waiver that would relieve any person from liability imposed by Minnesota Statute 80C.01 – 80C.22.
ADDENDUM TO KITCHEN SOLVERS® DISCLOSURE DOCUMENT FOR THE STATE OF NEW YORK
To the extent the New York General Business Law, Article 33, §§680 - 695 applies, the terms of this Addendum apply.
Cover Page, Additional Disclosure.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
The Kitchen Solvers 2025 Franchise Disclosure Document includes addenda for several states that address the franchisor's remedies in the event of a breach of the franchise agreement. Specifically, the addendum for Minnesota states that in the event of a breach or threatened breach of the agreement, Kitchen Solvers is entitled to seek an injunction and/or specific performance without needing to show actual damages, along with recovering reasonable attorney's fees and costs until a final determination is made by arbitrators.
Similarly, the North Dakota addendum indicates that any requirement to waive exemplary and punitive damages will not apply to North Dakota franchisees and is deemed deleted.
These addenda modify specific sections of the franchise agreement to comply with state laws, particularly regarding termination, non-renewal, and dispute resolution. It is important to note that the FDD does not explicitly state that all rights and remedies are cumulative across all states. A prospective franchisee should review the specific addendum for their state and consult with a legal professional to fully understand the scope of Kitchen Solver's rights and remedies and how they apply in their jurisdiction.