What remedy is Bigfoot Forestry entitled to if a franchisee breaches §3?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
the brand protection covenants in §3 of this Agreement by limiting the scope of the Prohibited Activities, narrowing the definition of a Competing Business, shortening the duration of the Restricted Period, reducing the geographic scope of the Restricted Territory and/or reducing the scope of any other covenant imposed upon you under §3 of this Agreement to ensure the covenants are enforceable under applicable Law.
- (e) Breach. You agree that: (i) any failure to comply with §3 is likely to cause substantial and irreparable damage to us and/or other franchisees for which there is no adequate remedy at law; and (ii) we are entitled to injunctive relief if you breach §3 together with any other relief available at equity or law. We will notify you if we int
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, a franchisee's failure to comply with §3, which contains brand protection covenants, is likely to cause substantial and irreparable damage to Bigfoot Forestry and/or other franchisees. In such a case, Bigfoot Forestry is entitled to injunctive relief, along with any other relief available at equity or law.
Bigfoot Forestry will notify the franchisee if they intend to seek injunctive relief, but they are not required to post a bond. If a court requires a bond, the bond amount may not exceed $1,000. The remedies available to Bigfoot Forestry are cumulative and can be combined with other remedies under the agreement, at law, or in equity. These remedies include injunctive relief, specific performance, and recovery of monetary damages.
Section 3 includes covenants related to intellectual property, confidential information, and unfair competition. These covenants are designed to protect Bigfoot Forestry's brand and system. The franchisee agrees that the covenants in §3 are reasonable in duration and geographic scope and that they have sufficient resources, business experience, and opportunities to earn an adequate living while complying with these covenants. Bigfoot Forestry retains the right to unilaterally modify the brand protection covenants in §3 to ensure they are enforceable under applicable law.