Does the Bft franchise agreement allow for seeking injunctive relief in addition to other relief available at law or in equity?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
Each Party agrees that the other may obtain such injunctive relief in addition to such further or other relief as may be available at law or in equity.
The Parties agree that the Party seeking injunctive relief pursuant to this Section will not be required to post a bond to obtain injunctive relief and that the only remedy for a Party if an injunction is entered against it will be the dissolution of that injunction, if warranted, upon due hearing (all claims for damages by injunction being expressly waived hereby).
Source: Item 23 — RECEIPTS (FDD pages 79–265)
What This Means (2025 FDD)
According to the 2025 Bft Franchise Disclosure Document, both parties in the franchise agreement, which includes Bft and the franchisee, have the right to seek injunctive relief in addition to any other remedies available under law or equity. This means that if one party violates the agreement, the other party can ask a court to order them to stop the violating behavior immediately, alongside seeking monetary damages or other legal remedies.
The agreement specifies that a party seeking injunctive relief is not required to post a bond. Typically, courts require a bond to protect the party being enjoined in case the injunction is later found to be unwarranted. Bft's agreement waives this requirement, meaning a franchisee might be more easily subjected to an injunction without the protection of a bond. The only recourse for a party against whom an injunction is issued is to seek the dissolution of the injunction itself. The agreement explicitly waives any claims for damages resulting from the injunction.
Furthermore, the franchise agreement states that Bft is entitled to preliminary and permanent injunctive relief and damages, as well as an equitable accounting of all earnings, profits, and other benefits arising from such violation if a franchisee violates the terms of Article 13. These remedies are cumulative and in addition to any other rights or remedies to which Bft is entitled. The franchisee also agrees to waive any bond that may be required or imposed in connection with the issuance of any preliminary or provisional relief. This section emphasizes the brand's ability to quickly seek court intervention to protect its interests, particularly concerning non-compete and confidentiality clauses.