Does the Buildingstars agreement prevent a party from seeking other remedies besides injunctive relief?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 22: CONTRACTS]
XVI. MISCELLANEOUS PROVISIONS
- A. Waiver. No waiver by BUILDINGSTARS of any default of the FRANCHISEE shall constitute a waiver of any other default and shall not preclude BUILDINGSTARS from thereafter requiring strict compliance with this Agreement.
- B. Severability. Should any provision of this Agreement be construed or declared invalid, such decision shall not affect the validity of any remaining portion which shall remain in full force and effect as if this Agreement had been executed with such invalid portion eliminated. If any restriction contained in this Agreement is deemed too broad to be capable of enforcement, a court of competent jurisdiction is hereby authorized to modify or limit such restriction to the extent necessary to permit its enforcement. All covenants contained in this Agreement, including but not limited to those relating to non-solicitation and non-competition shall be interpreted and applied consistent with the requirements of reasonableness and equity.
- 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.
- D. Entire Agreement. This Agreement and all other written agreements related to this Agreement and expressly referenced in this Agreement, represent the entire understanding and agreement between the parties with respect to the subject matter of this Agreement, and supersedes all other negotiations, understandings and representations (if any) made by and between the parties. No representations, inducements, promises or agreements, oral or otherwise, if any, not embodied in this Agreement shall be of any force and effect; provided, however, that nothing in this or any related agreement is intended to disclaim BUILDINGSTARS' representations made in the franchise disclosure document that was furnished to FRANCHISEE in connection with the offering to operate the Business. No amendment to this Agreement is binding unless executed in writing by both parties.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2025 FDD)
According to Buildingstars's 2025 Franchise Disclosure Document, the franchise agreement does not prevent either party from seeking remedies beyond injunctive relief. Specifically, in the event of a breach or threatened breach of the agreement, either party is entitled to injunctive relief, but this does not exclude them from pursuing other available remedies. This includes remedies such as a temporary restraining order, preliminary injunction, and specific performance. Buildingstars is not required to post a bond if it seeks injunctive relief.
Furthermore, the Buildingstars franchise agreement specifies that no right or remedy conferred upon Buildingstars is intended to be exclusive. All rights and remedies are cumulative and in addition to any other rights or remedies available under the agreement or otherwise. This means that Buildingstars retains the ability to pursue multiple avenues of legal recourse simultaneously, rather than being limited to a single type of remedy.
In arbitration proceedings, the arbitrator has the authority to award any relief deemed proper, including monetary damages, specific performance, and attorney's fees and costs. However, the arbitrator cannot award punitive, exemplary, or consequential damages, as the parties waive any right to these types of damages. This clause ensures that while various remedies are available, there are limitations on the types of damages that can be awarded in arbitration, providing a balanced approach to dispute resolution within the Buildingstars franchise system.