Does Brain Balance's right to injunctive relief limit other remedies available at law or equity?

According to Brain Balance's 2025 Franchise Disclosure Document, the franchisor's right to obtain injunctive or other equitable relief is in addition to any other remedies available at law or in equity and is not limited by any provision within the franchise agreement. This means that Brain Balance retains the right to pursue all available legal and equitable remedies, including seeking court orders to prevent a franchisee from breaching the agreement, without being restricted by other clauses in the agreement.

This provision is generally favorable for Brain Balance, as it provides them with broad legal recourse in case of a breach or threatened breach by a franchisee. It ensures that Brain Balance can seek immediate injunctive relief to prevent potential damage to their brand or business, while also preserving their ability to pursue other legal remedies such as monetary damages.

For a prospective Brain Balance franchisee, this clause highlights the importance of adhering to the terms and conditions of the franchise agreement. Failure to comply with the agreement could result in Brain Balance seeking injunctive relief, in addition to other legal actions. This could include court orders preventing certain actions or behaviors, as well as financial penalties.

The franchisee also acknowledges that failure to comply with the terms of the agreement could cause irreparable damage to Brain Balance and its other franchisees. This acknowledgement reinforces the importance of compliance and the potential consequences of non-compliance, including the franchisor's right to seek injunctive relief without limitations.