Does the Buildingstars agreement allow for temporary restraining orders in the event of a breach?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
- C. Injunctive Relief. In the event of any breach or threatened breach of this Agreement by any party, the other party shall immediately be entitled to injunctive relief, in addition to any other remedies available to it, (including a temporary restraining order, preliminary injunction and specific performance) without showing or proving any actual damage sustained and shall not thereby be deemed to have elected its only remedy to the exclusion of others. If BUILDINGSTARS seeks injunctive relief, it shall not be required to post a bond.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2025 FDD)
According to Buildingstars's 2025 Franchise Disclosure Document, in the event of a breach or threatened breach of the Franchise Agreement, either party is entitled to seek injunctive relief. This includes a temporary restraining order, preliminary injunction, and specific performance.
This means that Buildingstars can pursue legal action to immediately stop a franchisee from violating the agreement. This can be particularly important in cases where the franchisee is engaging in activities that could harm the Buildingstars brand or business, such as disclosing confidential information or competing with the franchise during the term of the agreement or afterwards during the non-compete period.
Furthermore, if Buildingstars seeks injunctive relief, it is not required to post a bond. This is a benefit for Buildingstars, as posting a bond can be a significant expense. The ability to obtain a temporary restraining order without a bond can allow Buildingstars to act quickly and decisively to protect its interests without incurring additional costs.