Does the Southern Steer franchise agreement state that the franchisor's rights and remedies are cumulative?
Southern_Steer Franchise · 2025 FDDAnswer from 2025 FDD Document
Nothing in this Section 20 will preclude the Franchisor from seeking other remedies or Damages under any state or federal law, common law, or under this Agreement against the Franchisee including, but not limited to, attorneys' fees and injunctive relief.
If this Agreement is terminated by the Franchisor pursuant to this Section 20, or if the Franchisee breaches this Agreement by
a wrongful termination or a termination that is not in strict compliance with the terms and conditions of this Agreement, then the Franchisor will be entitled to seek recovery of all Damages that the Franchisor has sustained and will sustain in the future as a result of the Franchisee's breach of this Agreement.
Source: Item 22 — ITEM. 22 CONTRACTS (FDD pages 61–168)
What This Means (2025 FDD)
According to the 2025 Southern Steer Franchise Disclosure Document, Section 20.5 states that nothing will preclude Southern Steer from seeking other remedies or damages under any state or federal law, common law, or under the agreement against the franchisee, including attorneys' fees and injunctive relief. If the agreement is terminated by Southern Steer, or if the franchisee breaches the agreement by wrongful termination, Southern Steer will be entitled to seek recovery of all damages sustained in the future as a result of the franchisee's breach of the agreement.
This means that Southern Steer is not limited to only one form of legal recourse if a franchisee violates the franchise agreement. They can pursue multiple avenues simultaneously, such as seeking financial compensation for losses, obtaining a court order to stop the franchisee from continuing the harmful behavior (injunctive relief), and recovering legal costs (attorneys' fees). This provision strengthens Southern Steer's position in enforcing the franchise agreement and protecting its brand and system standards.
For a prospective franchisee, this clause highlights the importance of adhering to the franchise agreement. Failure to comply can result in significant financial and legal repercussions, as Southern Steer has the right to pursue all available remedies. It is essential to fully understand the terms of the agreement and seek legal counsel if needed to ensure compliance and avoid potential disputes.