What remedy is Beverly Anns Cookie entitled to for a violation of Brand Covenants?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
any part of the non-competition provisions contained herein shall not render any other part unenforceable. You acknowledge and agree that: (i) the terms of this Franchise Agreement are reasonable both in time and in scope of geographic area; (ii) our use and enforcement of covenants similar to those described above with respect to other "Beverly Ann's Cookie Truck" franchisees benefits you and the Owners because it prevents others from unfairly competing with your Franchised Business; and (iii) you and the Owners have sufficient resources and business experience and opportunities to earn an adequate living while complying with the terms of this Franchise Agreement. You hereby waive any right to challenge the terms of the Brand Covenants as being overly broad, unreasonable or otherwise unenforceable.
We have the right, in our sole discretion, to unilaterally reduce the scope of all or part of any Brand Covenant without your consent (before or after any dispute arises), effective when we give you written notice of this reduction and you agree to comply with any modifications to the Brand Covenants .
Breach of Covenants
You agree that failure to comply with the terms of Brand Covenants will cause substantial and irreparable damage to us and/or other "Beverly Ann's Cookie Truck" franchisees for which the
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, a franchisee's failure to comply with the Brand Covenants could result in substantial and irreparable damage to Beverly Anns Cookie and/or other franchisees. In such cases, Beverly Anns Cookie is entitled to injunctive relief, which they can pursue with due notice and without bond. However, if a court requires a bond, the parties agree that the bond amount will not exceed $1,000.
In the event that an injunction is issued against the franchisee, the franchisee's sole remedy is to seek the dissolution of the injunction, if warranted, upon a duly held hearing. The franchisee expressly waives any claims for damages resulting from the wrongful issuance of such an injunction.
Beverly Anns Cookie retains all available remedies at law or in equity under the Franchise Agreement, including injunctive relief, specific performance, and recovery of monetary damages. These remedies are not mutually exclusive and can be combined. Furthermore, any claim, defense, or cause of action the franchisee may have against Beverly Anns Cookie cannot be used as a defense against Beverly Anns Cookie's enforcement of the Brand Covenants.