Does the Big Apple Bagels agreement allow for specific performance or injunctive relief?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- C.
Specific Performance/Injunctive Relief.
Nothing herein contained shall bar Franchisor's right to obtain specific performance of the provisions of this Agreement and injunctive relief against threatened conduct that will cause it loss or damages, under customary equity rules, including applicable rules for obtaining restraining orders and preliminary injunctions.
Developer agrees that Franchisor may have 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.
Source: Item 23 — RECEIPTS (FDD pages 87–319)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, the agreement does allow the franchisor to pursue specific performance and injunctive relief. Specifically, Big Apple Bagels retains the right to seek specific performance of the agreement's provisions and injunctive relief against actions that threaten to cause loss or damages, in accordance with standard equity rules for obtaining restraining orders and preliminary injunctions.
Furthermore, the agreement stipulates that Big Apple Bagels may obtain injunctive relief without being required to post a bond, provided due notice is given. This is in addition to any other remedies available under law or equity. This clause ensures that Big Apple Bagels can act swiftly to prevent potential harm to its brand or business operations.
This provision is generally favorable for the franchisor, as it provides additional legal avenues to enforce the franchise agreement and protect its interests. However, it's important for prospective franchisees to understand the implications of this clause, as it could expose them to legal action if they violate the terms of the agreement. Franchisees should seek legal counsel to fully understand their rights and obligations under the franchise agreement.