What are some examples of 'rights and remedies available...in equity' that a party might have in addition to those in the Bonchon agreement?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, Bonchon retains the right to seek injunctive relief against a franchisee in the event of non-compliance with the franchise agreement or unauthorized use of the Bonchon System or Proprietary Marks. This equitable remedy is available to Bonchon, allowing them to pursue temporary and permanent injunctions from a court of competent jurisdiction.
This right to injunctive relief is explicitly stated as being in addition to all other remedies Bonchon may have at law. The agreement specifies that Bonchon is entitled to these injunctions without needing to post a bond or prove that monetary damages would be an adequate remedy. This provision underscores the importance Bonchon places on protecting its brand and system standards.
Furthermore, the franchisee is responsible for covering all costs and expenses, including reasonable attorneys' fees, that Bonchon or its affiliates incur while securing injunctive relief. This allocation of costs serves as a deterrent against non-compliance and unauthorized use of the Bonchon System or Proprietary Marks, as it could become a significant financial burden for the franchisee.