Does the cost and expenses for enforcing the non-compete for Aw include expert's fees?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
You further agree to pay all costs and expenses (including reasonable attorneys' and experts' fees) incurred by the us in connection with the enforcement of those covenants not to compete set forth in this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, the costs and expenses for enforcing the non-compete agreement include expert's fees. Specifically, Aw can seek an injunction against a franchisee or their owners for violating the non-compete terms.
Aw's franchisees agree that violating the non-compete would cause immediate and irreparable harm to Aw. Because of this, Aw can seek an injunction to prevent any actions that violate the non-compete agreement. Franchisees also agree that any violation of the non-compete terms is considered an unlawful use of Aw's confidential information.
The FDD states that franchisees must pay all costs and expenses, including reasonable attorneys' and experts' fees, incurred by Aw in enforcing the non-compete agreement. This means that if Aw has to take legal action to enforce the non-compete, the franchisee may be responsible for covering Aw's legal costs, including the fees for any expert witnesses Aw uses in the case.