What happens if a Benjamin Franklin Plumbing franchisee violates the restrictions on competition?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
14.3. Enforcement.
14.3.1 You acknowledge that a violation of this Section 14 would result in irreparable injury for which no adequate remedy at law may be available. Injunctive relief is in addition to any other remedies we may have.
14.3.2 Neither you nor any person bound by the restrictions of this Section 14 may circumvent the restrictions by engaging in prohibited activity indirectly through any other person or entity.
14.3.3 For the individuals who are bound personally by the restrictions in this Section 14 or by a separate non-competition agreement with you or us, the time period in Section 14.2 will run from the expiration, termination, or transfer of the Franchised Business or from the end of the individual's relationship with Franchisee, whichever occurs sooner.
14.3.4 The time periods in Section 14.2 and Section 14.3.3 will be tolled for any period of time during which Franchisee or the restricted individual is in breach of the section and will resume only when Franchisee or such person begins or resumes compliance.
14.3.5 The existence of any claim Franchisee or any Owner may have against Franchisor or its affiliates, whether or not arising under this Agreement, shall not constitute a defense to Franchisor's enforcement of the restrictions in this Section 14 or any separate confidentiality or non-competition agreement.
14.3.6 You represent that Franchisee and each of its Owners possess skills and abilities of a general nature that provide them with other opportunities for employment and, therefore, our enforcement of the restrictions in Sections 14.2 and 14.3.3 will not deprive Franchisee or any of its Owners of their personal goodwill or ability to earn a living through alternative means.
14.3.7 We have the right to reduce the scope of any restriction in this Section 14, effective immediately upon written notice to Franchisee.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing FDD, a violation of the non-competition agreement would cause irreparable injury for which there may be no adequate remedy at law. In addition to other remedies available to Benjamin Franklin Plumbing, the company can pursue injunctive relief against the franchisee. Injunctive relief is a court order that would require the franchisee to stop the prohibited activity.
The FDD also states that neither the franchisee nor any person bound by the restrictions on competition may circumvent the restrictions by engaging in prohibited activity indirectly through any other person or entity. The time period of the non-compete agreement will be extended for any amount of time the franchisee is in breach of the agreement and will only resume when the franchisee begins to comply with the agreement.
Benjamin Franklin Plumbing also has the right to reduce the scope of any restriction in the non-compete agreement immediately upon written notice to the franchisee. The existence of any claim the franchisee may have against Benjamin Franklin Plumbing will not be a defense to the enforcement of the restrictions in the non-compete agreement. The franchisee represents that they possess skills and abilities of a general nature that provide them with other opportunities for employment and, therefore, the enforcement of the restrictions in the non-compete agreement will not deprive the franchisee of their personal goodwill or ability to earn a living through alternative means.