What remedy is available to the Body Brain Center franchisor for violations of Section 14?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
he Owners have sufficient resources and business experience and opportunities to earn an adequate living while complying with the terms of this Agreement. YOU AND THE OWNERS HEREBY WAIVE ANY RIGHT TO CHALLENGE THE TERMS OF THIS SECTION 14 AS BEING OVERLY BROAD, UNREASONABLE OR OTHERWISE UNENFORCEABLE.
- 14.8 Breach of Covenants. You and the Owners agree that failure to comply with the terms of this Section 14 will cause substantial and irreparable damage to us and/or other Body & Brain franchisees for which there is no adequate remedy at law. Therefore, you and the Owners agree that any violation of the terms of this Section 14 will entitle us to injunctive relief. We may apply for 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, and the sole remedy of yours, in the event of the entry of such injunction, will be the dissolution of such injunction, if warranted, upon hearing duly held (all claims for damages by reason of the wrongful issuance of any such injunction being expressly waived hereby). If a court requires the filing of a bond notwithstanding the preceding sentence, the parties agree that the amount of the bond shall not exceed $1,000. None of the remedies available to us under this Agreement are exclusive of any other, but may be combined with others under
Source: Item 23 — RECEIPT (FDD pages 43–178)
What This Means (2025 FDD)
According to Body Brain Center's 2025 Franchise Disclosure Document, if a franchisee or owner fails to comply with the terms of Section 14, it will cause substantial and irreparable damage to Body Brain Center and/or other Body & Brain franchisees. Because of this damage, Body Brain Center is entitled to injunctive relief.
Body Brain Center may seek injunctive relief without posting a bond, provided they give due notice. In addition to injunctive relief, Body Brain Center can pursue any other remedies available at equity or law, including specific performance and monetary damages. The franchisee's sole remedy, if an injunction is issued, is to seek the dissolution of the injunction. The franchisee waives all claims for damages resulting from a wrongful injunction.
If a court requires a bond for the injunctive relief, the parties agree that the bond amount will not exceed $1,000. Furthermore, any claims or defenses the franchisee or owner may have against Body Brain Center cannot be used to defend against the enforcement of Section 14.