Are the rights and remedies granted in the Spray Net Guaranty cumulative?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
Delay or omission by us respecting any breach or default shall not affect Franchisor's rights respecting any subsequent breaches or defaults.
All rights and remedies granted in this Guaranty shall be cumulative.
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, the rights and remedies granted in the Guaranty are cumulative. This means that if Spray Net has multiple legal or contractual options available to them, they can pursue any or all of those options simultaneously or in any order they choose. They are not limited to selecting just one remedy.
For a prospective Spray Net franchisee, this clause strengthens the franchisor's position. If a franchisee breaches the agreement, Spray Net can pursue multiple avenues of recourse, such as seeking damages, injunctive relief, and termination of the franchise agreement, without one action precluding the others. This provides Spray Net with greater flexibility and leverage in addressing franchisee non-compliance.
Additionally, the FDD states that a delay or omission by Spray Net regarding any breach or default by the franchisee does not affect Spray Net's rights regarding any subsequent breaches or defaults. This reinforces the nonwaiver provision, ensuring that Spray Net's failure to act on one instance of non-compliance does not prevent them from acting on future instances.