What remedy is available to Body Brain Center for a violation of the agreement?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
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- 7. Covenants Reasonable. You acknowledge and agree that: (i) the terms of this Agreement are reasonable both in time and in scope of geographic area; and (ii) you have sufficient resources and business experience and opportunities to earn an adequate living while complying with the terms of this Agreement. YOU HEREBY WAIVE ANY RIGHT TO CHALLENGE THE TERMS OF THIS AGREEMENT AS BEING OVERLY BROAD, UNREASONABLE OR OTHERWISE UNENFORCEABLE.
- 8. Breach. You agree that failure to comply with the terms of this Agreement 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 agree that any violation of the terms of this Agreement will entitle us to injunctive relief. You agree that we may apply forsuch 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 this Agreement, or at law or
in equity, including injunctive relief, specific performance and recovery of monetary damages. Any claim, defense or cause of action that you may have against us or against Franchisee, regardless of cause or origin, cannot be used as a defense against our enforcement of this Agreement.
9. Miscellaneous.
- (a) If we hire an attorney or file suit against you because you have breached this Agreement and prevail against you, you agree to pay our reasonable attorneys' fees and costs in doing so.
Source: Item 23 — RECEIPT (FDD pages 43–178)
What This Means (2025 FDD)
According to Body Brain Center's 2025 Franchise Disclosure Document, several remedies are available to the company in the event of a franchisee's violation of the franchise agreement. Body Brain Center can seek injunctive relief, which means a court order requiring the franchisee to stop the violating behavior. The document states that Body Brain Center can pursue this without needing to post a bond, although if a bond is required, it will not exceed $1,000. Additionally, the franchisee's sole remedy if an injunction is issued is to dissolve the injunction if it's warranted after a hearing, and the franchisee waives all claims for damages resulting from a wrongful injunction.
In addition to injunctive relief, Body Brain Center is entitled to other remedies available under the agreement, at law, or in equity. These include specific performance (a court order requiring the franchisee to fulfill their obligations under the agreement) and recovery of monetary damages. The remedies are not exclusive and can be combined. This means Body Brain Center can pursue multiple avenues of recourse simultaneously to address a breach.
Furthermore, the franchise agreement specifies that any claims, defenses, or causes of action the franchisee may have against Body Brain Center cannot be used as a defense against Body Brain Center's enforcement of the agreement. This provision aims to ensure that franchisees cannot delay or avoid compliance with the franchise agreement by raising separate disputes or grievances. Body Brain Center also reserves the right to impose a fine of up to $500 per occurrence, up to a maximum of $2,500 for the same violation if a franchisee fails to follow the customer complaint resolution process or fails to correct non-compliance with standards or operating procedures after notification.