Does a Spray Net franchisee's election to exercise a remedy waive other remedies?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
It is understood and agreed that the provisions set forth in this Assignment are deemed a special remedy given to the Franchisor and are not deemed to exclude any of the remedies granted in the Franchise Agreement or any other agreement between the Franchisor and the Franchisee, but are deemed an additional remedy and shall be cumulative with the remedies therein and elsewhere granted to the Franchisor, all of which remedies are enforceable concurrently or successively.
No exercise by the Franchisor or any of the rights hereunder will cure, waiver or affect any default hereunder or default under the Franchise Agreement.
No inaction or partial exercise of rights by the Franchisor will be construed as a waiver of any of its rights and remedies and no waiver by the Franchisorof any such rights and remedies shall be construed as a waiver by the Franchisor of any future rights and remedies.
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, the provisions in the assignment are considered a special remedy for the franchisor and do not exclude other remedies granted in the Franchise Agreement or any other agreement between Spray Net and the franchisee. These remedies are in addition to, and cumulative with, other remedies available to Spray Net, and can be enforced concurrently or successively. This means Spray Net has multiple avenues for recourse in case of a franchisee's default.
Specifically, the FDD states that Spray Net's exercise of any rights will not waive or affect any default under the assignment or the Franchise Agreement. Furthermore, any inaction or partial exercise of rights by Spray Net will not be construed as a waiver of any of its rights and remedies, and no waiver of such rights and remedies will be construed as a waiver of any future rights and remedies. This protects Spray Net's ability to pursue various remedies without losing the right to pursue others.
In practical terms, this clause favors Spray Net, allowing them to pursue multiple remedies against a franchisee simultaneously or one after the other, without the franchisee being able to argue that Spray Net waived its rights by initially choosing a different course of action. A prospective franchisee should be aware of this provision, as it could lead to more extensive and prolonged legal or financial repercussions in the event of a default or disagreement with Spray Net.