In the event of an injunction against me for violating the Augusta Lawn Care agreement, what is my sole remedy?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
disclose the Know-how to the family member
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- Covenants Reasonable. You acknowledge and agree that: (i) the terms of this Agreement are reasonable both in time and in scope of geographic area; and (ii) you have sufficient resources and business experience and opportunities to earn an adequate living while complying with the terms of this Agreement. YOU HEREBY WAIVE ANY RIGHT TO CHALLENGE THE TERMS OF THIS AGREEMENT AS BEING OVERLY BROAD, UNREASONABLE OR OTHERWISE UNENFORCEABLE.
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- Breach. You agree that failure to comply with the terms of this Agreement will cause substantial and irreparable damage to us and/or other Augusta Lawn Care franchisees for which there is no adequate remedy at law. Therefore, you agree that any violation of the terms of this Agreement will entitle us to injunctive relief. You agree that we may apply for such injunctive relief, without bond, but upon due notice, i
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, if you violate the terms of the Franchise Agreement and Augusta Lawn Care seeks an injunction against you, your sole remedy is to pursue the dissolution of that injunction, if warranted, after a duly held hearing. This means that if a court issues an injunction against you, your only recourse is to attempt to have the injunction removed. You expressly waive any right to claim monetary damages resulting from the injunction's issuance.
This clause is significant because it limits your legal options should Augusta Lawn Care obtain an injunction against you, even if you believe the injunction was wrongly issued. You cannot sue Augusta Lawn Care for financial losses you incur as a result of the injunction. The FDD also states that Augusta Lawn Care can seek injunctive relief without posting a bond, though if a bond is required, the parties agree it should not exceed $1,000.
Such clauses are relatively common in franchise agreements, as franchisors seek to protect their brand standards and operational systems. However, the specific terms can vary. It is important to understand that by agreeing to this clause, you are giving up certain rights to seek compensation for damages you might suffer due to an injunction. A prospective franchisee should carefully consider the implications of this provision and consult with a legal professional to fully understand their rights and obligations.