Are the rights and remedies in the Pump It Up franchise agreement exclusive?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
No right or remedy conferred upon or reserved by us in this Section 20 is exclusive of any other right or remedy provided or permitted by law or equity.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to the 2025 Pump It Up Franchise Disclosure Document, the rights and remedies conferred to Pump It Up are not exclusive of any other right or remedy provided or permitted by law or equity. This means that Pump It Up retains all rights and remedies available to them under the law, in addition to those specified in the franchise agreement.
For a prospective franchisee, this implies that Pump It Up has multiple avenues for recourse in case of a breach of contract or other legal issues. The remedies outlined in the franchise agreement do not limit Pump It Up's ability to pursue other legal options. This could include seeking injunctive relief, monetary damages, or other remedies available under applicable laws.
This is a fairly standard clause in franchise agreements. It protects the franchisor by ensuring they are not limited to only the remedies listed in the agreement, which may not cover every possible scenario. Franchisees should be aware that Pump It Up has broad legal rights and remedies beyond those specifically mentioned in the franchise agreement.