Are the remedies available to a party under the Moes Southwest Grill Agreement exclusive or cumulative?

According to the 2025 Moe's Southwest Grill Franchise Disclosure Document, the rights and remedies available to both parties under the Franchise Agreement are cumulative, meaning they can be exercised in addition to any other rights or remedies available under the agreement, applicable law, or in equity. This ensures that neither party is limited to a single course of action when addressing breaches or disputes. This is a common practice in franchising, as it provides flexibility in resolving issues and protecting the interests of both the franchisor and the franchisee.

Specifically, the FDD states that no remedy made available to any party by any of the provisions of the Agreement is intended to be exclusive of any other remedy. Each and every remedy shall be cumulative and in addition to every other available remedy.

This non-exclusivity extends to remedies available at law, in equity, or by statute, offering a comprehensive approach to dispute resolution. This clause aims to provide both Moe's Southwest Grill and its franchisees with a wide range of options to address any potential issues that may arise during the franchise term, ensuring that all available avenues for resolution can be pursued.