Does Anago have the right to enforce any provision of the Unit Franchise Agreement?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree and acknowledge that the rights covered by this ARTICLE 13 are unique and special in nature and We will not have an adequate remedy at law in the event of Your failure to abide by the terms of this ARTICLE 13. Therefore, You agree that for any violation or anticipated violation of any covenant contained in this ARTICLE 13, We shall be entitled to a temporary restraining order, temporary and/or preliminary injunction, and/or permanent injunction against You for such violation, whether anticipated or real, without requiring that We provide bond or other security, and We shall be entitled to a decree of specific performance enforcing the terms of this ARTICLE 13. Nothing contained in this ARTICLE 13 shall prohibit Us from pursuing any other legal or equitable remedy available to Us by law.
If any court finally holds that the time or territory or any other provision in this Section is an unreasonable restriction upon You, You agree that the provisions of this Agreement are not rendered void, but apply as to the scope, time and territory or to any other extent as the court may judicially determine or indicate is a reasonable restriction under the circumstances involved.
SECTION 13.2 INDEPENDENT COVENANTS.
The parties agree that the covenants in ARTICLE 13 are independent of any other provision of this Agreement. You agree that the existence of any claim You may have against Us or any of Our Affiliates, regardless of whether under this Agreement, is not a defense to Our enforcement of these covenants.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, Anago has the right to enforce the provisions outlined in Article 13 of the Unit Franchise Agreement. This article pertains to specific covenants within the agreement, and Anago is entitled to seek legal remedies for violations or anticipated violations of these covenants. These remedies can include temporary restraining orders, temporary or preliminary injunctions, and permanent injunctions against the franchisee. Anago is not required to provide a bond or other security to obtain such injunctive relief. Additionally, Anago can pursue other legal or equitable remedies available by law.
The franchisee acknowledges that the rights covered by Article 13 are unique and special, and that Anago would not have an adequate remedy at law if the franchisee fails to comply with the terms of this article. The franchisee also agrees that their knowledge of the Anago Unit Franchise business could cause serious injury and loss to Anago and its franchisees if they were to use this knowledge to benefit a competitor or compete with Anago.
The covenants in Article 13 are independent of any other provision in the agreement, meaning that any claims the franchisee may have against Anago or its affiliates do not serve as a defense against Anago's enforcement of these covenants. Furthermore, the agreement specifies that if a court finds any provision in this section to be an unreasonable restriction, the remaining provisions of the agreement will still apply to the extent deemed reasonable by the court.