Where in the Browns Chicken franchise agreement can I find information about enforcement?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
23. ENFORCEMENT.
A. Judicial Enforcement, Injunction and Specific Performance.
Brown may enforce by judicial process any rights it may have to possession of the premises of the Store under any sublease with Franchisee. Further, Brown shall be entitled
without bond to the entry of temporary and permanent injunctions and orders of specific performance enforcing the provisions of this Agreement or any other related agreement relating to Franchisee's use of the Marks, the obligations of Franchisee upon termination or expiration of this Agreement and assignment of the Franchise and ownership of Franchisee. If Brown secures any such injunction or order of specific performance, or if Brown prevails in any dispute with Franchisee or is awarded money damages or cost, in any such dispute, Franchisee agrees to pay to Brown an amount equal to the aggregate of its costs of obtaining such relief, including, without limitation, reasonable attorneys' fees, costs of investigation and proof of facts, court costs, other litigation expenses and travel and living expenses.
B. Severability And Substitution of Valid Provisions.
Except as expressly provided to the contrary herein, each section, paragraph, term and provision of this Agreement and any portion thereof, shall be considered severable and if, for any reason, any such provision of this Agreement is held to be invalid, contrary to or in conflict with any applicable present or future law or regulation in a final, unappealable ruling issued by any court, agency or tribunal with competent jurisdiction in a proceeding to which Brown is a party, that ruling shall not impair the operation of nor have any other effect upon, such other portions of this Agreement as may remain otherwise intelligible, which shall continue to be given full force and effect and bind the parties hereto, although any portion held to be invalid shall be deemed not to be a part of this Agreement from the date the time for appeal expires, if Franchisee is a party thereto, otherwise upon Franchisee's receipt of a notice of non-enforcement thereof from Brown.
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to the 2025 Browns Chicken Franchise Disclosure Document, Section 23 covers enforcement. Specifically, subsection A discusses judicial enforcement, injunctions, and specific performance. Browns Chicken has the right to seek judicial remedies to enforce its rights regarding the store premises, the franchisee's use of Browns Chicken's marks, and the franchisee's obligations upon termination or expiration of the agreement, including the assignment of the franchise and ownership. Browns Chicken can pursue these actions without posting a bond.
If Browns Chicken obtains an injunction or specific performance order, or if Browns Chicken prevails in a dispute with the franchisee and is awarded damages or costs, the franchisee is responsible for covering Browns Chicken's costs. These costs include reasonable attorney's fees, investigation expenses, costs for proving facts, court costs, other litigation expenses, and travel and living expenses. This means a franchisee could face significant financial burdens if they are found in violation of the franchise agreement and Browns Chicken pursues legal action.
Subsection B addresses the severability of the agreement's provisions. If a court rules that any part of the agreement is invalid or conflicts with applicable laws, that ruling will not affect the remaining portions of the agreement, provided they remain intelligible. The invalid portion will be removed from the agreement from the date the appeal period expires, or if the franchisee is a party, upon the franchisee's receipt of a notice of non-enforcement from Browns Chicken. This ensures that the rest of the agreement remains in effect even if a specific clause is deemed unenforceable.