Does the Aplus franchise agreement prevent the franchisor from seeking injunctive relief in any court of competent jurisdiction?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
allas, Texas), and the parties hereby waive all questions of personal jurisdiction or venue for the purpose of carrying out this provision. Nothing contained in this Agreement bars Franchisor's right to seek injunctive relief from any court of competent jurisdiction; and you agree to pay all costs and reasonable attorneys' fees incurred by Franchisor in obtaining such relief.
- 14.3. Non-exclusivity of Remedy. No right or remedy conferred upon or reserved to Franchisor or you by this Agreement is intended to be, nor shall be deemed, exclusive of any other right or remedy in this Agreement or by law or equity provided or permitted, but each shall be cumulative of every other right or remedy.
- 14.4. WAIVER OF JURY TRIAL.
Source: Item 22 — CONTRACTS (FDD page 68)
What This Means (2024 FDD)
According to the 2024 Aplus Franchise Disclosure Document, the franchise agreement does not prevent Aplus from seeking injunctive relief from any court of competent jurisdiction. Specifically, Aplus retains the right to seek injunctive relief. The franchisee also agrees to cover all costs and reasonable attorney's fees that Aplus incurs while obtaining such relief.
This means that Aplus can pursue legal action to compel a franchisee to perform or cease certain actions, and the franchisee may be responsible for Aplus's legal expenses in such cases. Injunctive relief is a legal remedy often sought when monetary damages are insufficient to address the harm caused by a breach of contract or other violation.
Additionally, the FDD states that the franchisee acknowledges that violating any covenant within Article 10 of the agreement would cause irreparable injury to Aplus. Because of this, the franchisee consents to the issuance of an ex parte or other order for injunctive or other legal or equitable relief without the need for Aplus to post a bond. The franchisee also agrees to pay all court costs and reasonable attorney's fees Aplus incurs while obtaining this relief.
This clause highlights the importance of adhering to the covenants outlined in Article 10, as violations can lead to immediate legal action and financial responsibility for the franchisee. It is common in franchise agreements for franchisors to reserve the right to seek injunctive relief to protect their brand and system standards.