In the Aira Fitness franchise agreement, what is the effect of a party seeking enforcement having an adequate remedy at law?
Aira_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
not to compete contained in this Agreement would result in immediate and irreparable injury to us for which no adequate remedy at law will be available. Accordingly, you hereby acknowledge that we may seek to obtain the entry of an injunction prohibiting any conduct by you or your Owners in violation of the terms of the covenants not to compete set forth in this Agreement. You expressly agree that it may conclusively be presumed that any violation of the terms of said covenants not to compete was accomplished by and through your unlawful use of the Confidential Information. Further, you expressly agree that the existence of any claims you may have against us, whether or not arising from this Agreement, shall not constitute a defense to the enforcement by us of the covenants not to compete set forth in this Agreement. You further agree to pay all costs and expenses (including reasonable attorneys' and experts' fees) incurred by us in connection with the enforcement of those covenants not to compete set forth in this Agreement.
Source: Item 23 — **RECEIPTS (FDD pages 59–254)
What This Means (2025 FDD)
According to the 2025 Aira Fitness Franchise Disclosure Document, if a franchisee violates the non-compete clause within the agreement, Aira Fitness would suffer immediate and irreparable harm for which no adequate legal remedy exists. This allows Aira Fitness to seek an injunction to prevent the franchisee or their owners from violating the non-compete terms.
Specifically, the franchisee acknowledges that any violation of the non-compete terms would be presumed to result from the unlawful use of confidential information. The existence of any claims the franchisee may have against Aira Fitness does not serve as a defense against the enforcement of the non-compete covenants.
Furthermore, the franchisee is responsible for covering all costs and expenses, including reasonable attorney and expert fees, incurred by Aira Fitness in enforcing the non-compete obligations. This clause emphasizes the importance of adhering to the non-compete agreement and the potential financial consequences of violating it.