Are the rights and remedies of the parties under the Bonchon agreement cumulative?
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)
Based on the 2025 Franchise Disclosure Document, Bonchon retains the right to seek injunctive relief against franchisees for non-compliance or unauthorized use of the Bonchon system or proprietary marks. This is explicitly stated without requiring Bonchon to post a bond or prove monetary damages are inadequate. This injunctive relief is in addition to any other remedies Bonchon may have at law.
This means Bonchon can pursue multiple avenues of recourse simultaneously if a franchisee violates the agreement. For example, if a franchisee uses Bonchon's trademarks improperly, Bonchon could seek a court order (injunction) to stop the behavior immediately, while also pursuing other legal claims for monetary damages resulting from the violation. This provides Bonchon with a wide range of options to protect its brand and system.
For a prospective Bonchon franchisee, this highlights the importance of strict adherence to the franchise agreement and Bonchon's standards. Failure to comply can lead to immediate legal action, including injunctions, in addition to other potential financial penalties or legal remedies Bonchon might pursue. The franchisee also bears the responsibility for all legal costs Bonchon incurs while securing injunctive relief.