What remedies are available to Best In Class Education Center in the event of a breach of the agreement?
Best_In_Class_Education_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
olated the terms of §15 if any member of his or her immediate family engages in any Prohibited Activity during the Term or Post-Term Restricted Period or uses or discloses Confidential Information. However, the Owner may rebut this presumption with evidence conclusively showing he or she did not disclose Confidential Information to the family member.
- 15.5. Employees. All employees, officers, directors, independent contractors and other Persons associated with you or your Center must sign and send us a Confidentiality Agreement before accessing our Confidential Information. You must: (a) use best efforts to ensure these individuals comply with the Confidentiality Agreements; (b) immediately notify us of any breach that comes to your attention; and (c) reimburse all expenses we incur to enforce a Confidentiality Agreement, including attorneys' fees and court costs.
- 15.6. Covenants Reasonable. You and the Owners agree that: (a) the covenants in §15 are reasonable both in duration and geographic scope; (b) our use and enforcement of similar covenants with other franchisees benefits you and the Owners by preventing them from unfairly competing with your Center; and (c) you and the Owners have sufficient resources, business experience and opportunities to earn an adequate living while complying with the covenants in §15.
- 15.7. Breach of Covenants. You and the Owners agree that: (a) any breach of §15 is likely to cause substantial and irreparable damage to us and/or other franchisees for which there is no adequate remedy at Law; and (b) we are entitled to injunctive relief if you or an Owner breach §15, together with any other relief available at equity or Law. We will notify you if we intend to seek injunctive relief but we need not post a bond. If a court requires us to post a bond despite our agreement to the
contrary, the bond amount may not exceed $1,000. No remedy available to us under this Agreement is exclusive of any other, but may be combined with others under this Agreement, or at Law or in equity, including injunctive relief, specific performance and recovery of monetary damages.
16. YOUR OTHER RESPONSIBILITIES
- **16.1.
Source: Item 23 — RECEIPT (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Best In Class Education Center FDD, in the event of a breach of the franchise agreement, Best In Class Education Center has several remedies available. For breaches of confidentiality agreements, Best In Class Education Center can seek reimbursement for all expenses incurred to enforce the agreement, including attorney's fees and court costs.
For breaches of the covenants outlined in Section 15 of the agreement, Best In Class Education Center is entitled to injunctive relief, meaning a court order to stop the franchisee from continuing the breaching behavior. This is in addition to any other legal or equitable remedies available, such as specific performance (forcing the franchisee to fulfill their obligations) and monetary damages. The FDD states that Best In Class Education Center will notify the franchisee if they intend to seek injunctive relief and that they need not post a bond. However, if a court requires a bond, it may not exceed $1,000.
In cases of early termination by the franchisee, Best In Class Education Center is entitled to an Early Termination Fee, in addition to any other damages they are entitled to for the breach, excluding lost profits. These remedies provide Best In Class Education Center with various options to address breaches of the franchise agreement and protect their interests and the interests of other franchisees.