Does the Buildingstars Franchise Agreement allow for remedies beyond injunctive relief?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
In addition to any other remedies to which it may be entitled, BUILDINGSTARS shall be entitled without bond to entry of injunctive relief and orders of specific performance enforcing the provisions of this Agreement, in the event FRANCHISEE actually or anticipatorily breaches this Agreement. If BUILDINGSTARS incurs any attorney's fees or other expenses in seeking enforcement of this Agreement, FRANCHISEE shall be required to reimburse BUILDINGSTARS for its reasonable costs and expenses (including, but not limited to attorney's fees) thereby incurred. No right or remedy conferred upon BUILDINGSTARS is intended to be exclusive, and every such right or remedy shall be cumulative and in addition to any other rights or remedies available under this Agreement, or otherwise. For purposes of this Agreement, a termination shall include a termination for any reason, expiration, cancellation, failure to renew, assignment or transfer.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2025 FDD)
According to the 2025 Buildingstars Franchise Disclosure Document, Buildingstars has several remedies available in the event of a breach of the Franchise Agreement by the franchisee. Buildingstars is entitled to injunctive relief and orders of specific performance to enforce the agreement if the franchisee breaches the agreement, whether actually or in anticipation of a breach. Injunctive relief is a court order that requires a party to do or cease doing a specific action. Specific performance is a legal remedy that requires a party to fulfill their obligations under a contract.
In addition to injunctive relief and specific performance, Buildingstars can recover attorney's fees and other expenses incurred while enforcing the Franchise Agreement. The franchisee is required to reimburse Buildingstars for reasonable costs and expenses, including attorney's fees, if Buildingstars has to take legal action to enforce the agreement.
The Franchise Agreement specifies that the remedies available to Buildingstars are cumulative and not exclusive. This means that Buildingstars can pursue any and all remedies available under the agreement or otherwise available by law. The agreement also clarifies that termination of the agreement, for any reason, including expiration, cancellation, failure to renew, assignment, or transfer, is considered a termination for the purpose of remedies.