Besides the rights and remedies under the Bonchon agreement, what other rights and remedies are available to the parties?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
y claim or assertion that we have unreasonably withheld or delayed any consent or approval under this Franchise Agreement. You waive any such claim for damages. You may not claim any such damages by way of setoff, counterclaim or defense. Your sole remedy for the claim will be an action or proceeding to enforce the Agreement provisions, for specific performance or for declaratory judgment.
25. INJUNCTION
25.01 Injunction
You explicitly affirm and recognize the unique value and secondary meaning attached to the Bonchon System and the Proprietary Marks. Accordingly, you agree that any noncompliance by you with the terms of this Agreement, or any unauthorized or improper use of the Bonchon System or the Proprietary Marks by you, will cause irreparable damage to us and other Bonchon System franchisees. You therefore agree that if you engage in this non-compliance, or unauthorized and/or improper use of the Bonchon System or Proprietary Marks, during or after the term of this Agreement, we and our affiliates will be entitled to both temporary and permanent injunctive relief against you from any court of competent jurisdiction, in addition to all other remedies which we may have at law. You consent to the entry of these temporary and permanent injunctions without the requirement that we post a bond of any type or nature, or any other form of security, and without the requirement to prove the adequacy of money damages as a remedy, and without waiving any other rights or remedies at law or in equity. You will be responsible for payment of all costs and expenses, including, reasonable attorneys' fees, which we and/or our affiliates may incur in connection with our efforts to secure such injunctive relief.
**26.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to the 2025 Bonchon Franchise Disclosure Document, Bonchon explicitly affirms the unique value of its system and proprietary marks. Bonchon states that any non-compliance or unauthorized use of its system or marks by a franchisee will cause irreparable damage to Bonchon and its other franchisees. Therefore, Bonchon is entitled to temporary and permanent injunctive relief from a court of competent jurisdiction, in addition to all other remedies available at law if a franchisee engages in such non-compliance or unauthorized use during or after the agreement.
Bonchon is entitled to injunctive relief without posting a bond or proving that money damages are an adequate remedy. The franchisee consents to the entry of these injunctions and will be responsible for all costs and expenses, including reasonable attorney's fees, incurred by Bonchon in securing such relief.
For franchisees in Washington, the FDD states that in any arbitration or mediation involving a franchise purchased in Washington, the arbitration or mediation site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation. Additionally, if litigation is not precluded by the franchise agreement, a franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.