Does the Beard Papas agreement specify that notice must be given before applying for injunctive relief?
Beard_Papas Franchise · 2025 FDDAnswer from 2025 FDD Document
ation for any purpose other than for the performance of your duties on behalf of us and in accordance with the scope of your work with us.
- 5. Reasonableness of Covenants and Restrictions. You agree that: the terms of this Agreement are reasonable and fair and that 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.
6. Breach. You agree that failure to comply with the terms of this Agreement will cause irreparable harm to us and to our Franchisor, Muginoho International, Inc., and other Beard Papa's franchisees for which there is no adequate remedy at law. Therefore, you agree that any violation of these covenants will entitle us or our Franchisor, Muginoho International, Inc., to injunctive relief. You agree that we and/or our Franchisor, Muginoho International, Inc., may apply for such injunctive relief, without bond, but upon due notice, in addition to such further and other relief as may be available at equity or law, and the sole remedy of yours, in the event of the entry of such injunction, will be the dissoluti
Source: Item 23 — RECEIPTS (FDD pages 58–275)
What This Means (2025 FDD)
According to the 2025 Beard Papas Franchise Disclosure Document, the agreement specifies that the franchisor must provide due notice before applying for injunctive relief. Specifically, the FDD states that failure to comply with the terms of the agreement will cause irreparable harm to Beard Papas and its franchisees, entitling them to injunctive relief. However, Beard Papas must provide due notice before applying for such relief.
This means that if a franchisee violates the franchise agreement, Beard Papas can seek a court order (injunctive relief) to stop the franchisee from continuing the violation. However, Beard Papas is required to inform the franchisee before seeking this court order. This provides the franchisee an opportunity to correct the issue before Beard Papas takes legal action.
The agreement also states that Beard Papas can apply for injunctive relief without posting a bond. If a court requires a bond, the amount will not exceed $1,000. The franchisee's sole remedy, if an injunction is issued, is to seek the dissolution of the injunction upon a hearing. The franchisee waives all claims for damages resulting from the wrongful issuance of an injunction.