Does the Associate acknowledge that a violation of the Apricot Lane franchise agreement will cause irreparable harm to the Franchisor and the Franchisee?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
- **17.
Acknowledgment.** The Franchisor is a third-party beneficiary of this Agreement and may enforce it, solely and/or jointly with the Franchisee.
Associate is aware that a violation of this Agreement will cause the Franchisor and the Franchisee irreparable harm; therefore, Associate acknowledges and agrees that the Franchisor and/or the Franchisee may apply for the issuance of an injunction preventing Associate from violating this Agreement in addition to any other remedies it may have hereunder, at law or in equity; and Associate agrees to pay the Franchisor and the Franchisee all the costs it/they incur/s, including without limitation attorneys' fees, if this Agreement is enforced against Associate.
Due to the importance of this Agreement to the Franchisor and the Franchisee, any claim Associate has against the Franchisor or the
Franchisee is a separate matter and does not entitle Associate to violate, or justify any violation of, this Agreement. If any part of this Agreement is held invalid by a court or agency having valid jurisdiction, the rest of the Agreement is still enforceable, and the part held invalid is enforceable to the extent found reasonable by the court or agency. Associate agrees that all the words and phrases used in this Agreement will have the same meaning as used in the Franchise Agreement, and that such meaning has been explained to Associate.
IN WITNESS WHEREOF, the parties have signed this Agreement on the date first above written.
ASSOCIATE(s): Country Visions, Inc., a California Corporation
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to the 2025 Apricot Lane FDD, the Associate acknowledges that a violation of the agreement will cause irreparable harm to both the Franchisor and the Franchisee. This acknowledgment is significant because it directly impacts the legal remedies available to Apricot Lane and its franchisees in case of a breach.
Specifically, the Associate agrees that Apricot Lane and/or the Franchisee can seek an injunction to prevent further violation of the agreement. This means that a court order can be obtained to stop the Associate from continuing the harmful behavior. In addition to injunctive relief, Apricot Lane and the franchisee are entitled to any other remedies available under the law.
Furthermore, the Associate is responsible for covering all costs incurred by Apricot Lane and the Franchisee in enforcing the agreement, including attorney's fees. This provision serves as a deterrent against violations, as the Associate faces potentially significant financial consequences for non-compliance. The agreement also clarifies that any claims the Associate has against Apricot Lane or the Franchisee are separate and do not justify violating the agreement.