Are the rights and remedies of the parties cumulative or alternative under the Marble Slab Creamery agreement?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
No action taken pursuant to this Agreement shall be deemed to constitute a waiver by such party of compliance by the other party hereto with any of the covenants or other obligations contained herein. A failure by a party to insist upon strict compliance with any term of this Agreement, enforce any right or seek any remedy upon any default of any other party shall not affect, or constitute a waiver of, such party's right to insist upon such strict compliance, enforce that right or seek that remedy with respect to that default or any prior, contemporaneous or subsequent default.
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery FDD, the franchise agreement specifies that no action taken pursuant to the agreement constitutes a waiver of compliance, enforcement, or remedies. A failure to insist on strict compliance with any term does not affect the party's right to enforce that term or seek remedies for any default.
This means that Marble Slab Creamery's rights and remedies are cumulative, not alternative. If Marble Slab Creamery chooses not to enforce a specific term or seek a remedy for a default at one point, it does not prevent them from enforcing that term or seeking that remedy in the future. This is a common provision in franchise agreements, designed to protect the franchisor's rights over the long term.
For a prospective Marble Slab Creamery franchisee, this clause emphasizes the importance of adhering to every aspect of the franchise agreement. Even if certain requirements seem lax or unenforced initially, Marble Slab Creamery retains the right to demand strict compliance at any time. This could have significant implications for the franchisee's operations and financial obligations.