exception

Under what circumstances can Aplus bring claims for injunctive relief where the franchisee is located?

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, Aplus retains the right to seek injunctive relief against actions that threaten to cause it loss or damages. This includes obtaining restraining orders, as well as preliminary and permanent injunctions. This right is not intended to be exclusive of any other right or remedy available to Aplus under the agreement, by law, or in equity; it is in addition to every other right or remedy.

In practical terms, this means that Aplus can go to court to stop a franchisee from engaging in conduct that Aplus believes will harm its business interests. Injunctive relief is a court order that requires a party to do something or to stop doing something. For example, if a franchisee is violating the terms of the franchise agreement in a way that is damaging to Aplus's brand or reputation, Aplus could seek an injunction to stop the franchisee from continuing that behavior.

This clause is fairly standard in franchise agreements, as it allows the franchisor to quickly address actions by a franchisee that could cause significant harm. However, it's important for prospective Aplus franchisees to understand that Aplus can seek this type of relief, which could have significant legal and financial implications for the franchisee. Franchisees should consult with an attorney to fully understand their rights and obligations under the franchise agreement.

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.