Does the Big Apple Bagels agreement require a bond for injunctive relief?

According to the 2025 Big Apple Bagels FDD, the franchise agreement does not require Big Apple Bagels to post a bond for injunctive relief. Specifically, the agreement states that Big Apple Bagels, as the Franchisor, may seek injunctive relief against conduct by the Developer (franchisee) that threatens to cause loss or damages.

The FDD indicates that Big Apple Bagels is entitled to seek injunctive relief "without bond, but upon due notice." This means that if a franchisee engages in activities that could harm the Big Apple Bagels brand or business, the franchisor can pursue legal action to stop the franchisee without having to provide a financial guarantee (bond) to cover potential damages the franchisee might incur due to the injunction.

This provision benefits Big Apple Bagels by reducing the financial burden and administrative hurdles associated with obtaining injunctive relief. However, it is important for prospective franchisees to understand that while Big Apple Bagels does not have to post a bond, the franchisee is still entitled to due notice before any injunctive relief is pursued. This ensures the franchisee has an opportunity to respond and defend their actions. Franchisees should consult with legal counsel to fully understand their rights and obligations under the franchise agreement, particularly regarding injunctive relief and related procedures.