factual

Does the Buildingstars agreement require a showing of actual damages for injunctive relief?

Buildingstars Franchise · 2025 FDD

Answer 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 agreement, the other party is immediately entitled to injunctive relief without needing to show or prove any actual damage sustained. This includes remedies such as a temporary restraining order, preliminary injunction, and specific performance. Furthermore, if Buildingstars seeks injunctive relief, it is not required to post a bond.

This means that Buildingstars franchisees could face immediate legal action in the form of injunctions if they violate the franchise agreement, even if Buildingstars cannot demonstrate tangible financial harm. This could include actions like preventing a franchisee from operating in a certain territory or enforcing non-compete clauses. The absence of a bond requirement for Buildingstars further streamlines their ability to obtain injunctive relief.

This clause is significant for prospective franchisees as it lowers the bar for Buildingstars to obtain injunctive relief against them. Franchisees should be aware of this provision and understand the potential consequences of any actions that could be construed as a breach of the agreement. It is advisable to seek legal counsel to fully understand the implications of this clause and to ensure compliance with the franchise agreement to avoid potential legal disputes.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.