Can the rights and remedies of the parties under the Pearce Bespoke Development Agreement be exercised more than once?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
All rights and remedies of the parties hereto shall be cumulative and not alternative, in addition to and not exclusive of any other rights or remedies which are provided for herein or which may be available at law or in equity in case of any breach, failure or default or threatened breach, failure or default of any term, provision or condition of this Agreement. The rights and remedies of the parties hereto shall be continuing and shall not be exhausted by any one or more uses thereof and may be exercised at any time or from time to time as often as may be expedient; and any option or election to enforce any such right or remedy may be exercised or taken at any time and from time to time.
Source: Item 23 — RECEIPTS (FDD pages 39–172)
What This Means (2025 FDD)
According to Pearce Bespoke's 2025 Franchise Disclosure Document, the rights and remedies of both parties under the Development Agreement are continuing and not exhausted by a single use. This means that Pearce Bespoke, as the franchisor, and the franchisee can exercise their rights and remedies multiple times as needed.
This provision allows Pearce Bespoke to take action against a franchisee for each individual breach or default, rather than being limited to a single action for all breaches. Similarly, it allows the franchisee to pursue remedies for multiple instances of franchisor misconduct. This protects both parties and ensures continued compliance with the agreement's terms.
For a prospective Pearce Bespoke franchisee, this clause offers both potential benefits and risks. The franchisee has the assurance that Pearce Bespoke cannot waive its rights by overlooking an initial breach. However, it also means that the franchisee must consistently adhere to all terms of the Development Agreement to avoid facing repeated enforcement actions from Pearce Bespoke.