If I breach the Azal Coffee Agreement, is Azal Coffee entitled to an injunction?
Azal_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
I acknowledge that my breach of this Agreement will cause the Company and/or Franchisor irreparable harm.
I, therefore, agree that the Company and/or the Franchisor are entitled to an injunction enjoining me and restraining me from performing and continuing to commit any violation or breach of this Agreement, in addition to any other rights and remedies either of them might have.
Also, the Company and the Franchisor will be entitled to recover all costs and expenses from me, including actual attorneys' fees and costs incurred in enforcing this Agreement.
These remedies are cumulative and not alternative and will be in addition to every remedy given under this Agreement, any other agreement between me and the Company, or now or later existing at law or in equity, by statute or otherwise.
The election of one or more remedies will not constitute a waiver of any right to pursue other remedies.
Source: Item 23 — RECEIPTS (FDD pages 51–204)
What This Means (2024 FDD)
According to the 2024 Azal Coffee Franchise Disclosure Document, if you breach the Franchise Agreement, Azal Coffee is entitled to seek an injunction against you. The FDD states that a breach of the agreement will cause irreparable harm to Azal Coffee.
Specifically, Azal Coffee has the right to seek a court order (injunction) to stop you from continuing the violation or breach of the agreement. This is in addition to any other legal remedies Azal Coffee might pursue. These remedies can include financial compensation for damages, and Azal Coffee is entitled to recover all costs and expenses from you, including actual attorneys' fees and costs incurred in enforcing the Agreement.
The FDD clarifies that these remedies available to Azal Coffee are cumulative, meaning they can pursue multiple avenues of recourse simultaneously. The election of one or more remedies does not prevent Azal Coffee from pursuing other remedies available under the agreement, any other agreement, or existing law. This provision underscores the importance of adhering to the terms of the Franchise Agreement to avoid potential legal action and financial liabilities.