factual

Besides injunctive relief, what other rights and remedies does Aplus have at law or in equity for breaches of confidentiality or non-solicitation?

Aplus Franchise · 2024 FDD

Answer from 2024 FDD Document

No right or remedy conferred upon or reserved to Franchisor or Franchisee by this Agreement is intended to be, nor shall be deemed, exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be in addition to every other right or remedy. Nothing contained herein shall bar Franchisor's right to obtain injunctive relief against threatened conduct that may cause it loss or damages, including obtaining restraining orders and preliminary and permanent injunctions.

Source: Item 23 — RECEIPT (FDD pages 68–302)

What This Means (2024 FDD)

According to Aplus's 2024 Franchise Disclosure Document, besides injunctive relief, Aplus has other rights and remedies available at law or in equity for breaches of confidentiality or non-solicitation. Specifically, Aplus can pursue all other remedies provided by law or in equity. These rights and remedies are cumulative, meaning that no right or remedy is exclusive of any other right or remedy provided in the agreement, by law, or in equity. Aplus can also seek restraining orders and preliminary and permanent injunctions against threatened conduct that may cause loss or damages.

This means that if a franchisee breaches confidentiality or engages in prohibited solicitation, Aplus can pursue legal action to recover monetary damages, such as lost profits, in addition to seeking an injunction to stop the franchisee's actions. The cumulative nature of these remedies provides Aplus with multiple avenues for recourse, allowing them to choose the most effective course of action based on the specific circumstances of the breach.

It is important for prospective franchisees to understand the full scope of these potential remedies, as they could face significant financial and legal consequences for violating the confidentiality and non-solicitation provisions of the franchise agreement. Franchisees should consult with an attorney to fully understand their obligations and the potential risks associated with these provisions.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.