factual

Does the Buildingstars Franchise Agreement allow for remedies beyond injunctive relief in case of a breach?

Buildingstars Franchise · 2025 FDD

Answer 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.

Source: Item 23 — RECEIPT (FDD pages 43–217)

What This Means (2025 FDD)

According to Buildingstars' 2025 Franchise Disclosure Document, the Franchise Agreement does allow for remedies beyond injunctive relief in the event of a breach. Specifically, Buildingstars can seek attorney's fees and other expenses from the franchisee if Buildingstars incurs these costs while enforcing the agreement. Furthermore, the agreement states that 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 the agreement or otherwise. This means Buildingstars is not limited to only injunctive relief.

This is a common practice in franchising, as franchisors typically want to ensure they have various legal avenues to protect their brand and enforce the franchise agreement. The franchisee is responsible for reimbursing Buildingstars for reasonable costs and expenses, including attorney's fees, if Buildingstars has to seek enforcement of the agreement due to the franchisee's breach. This could potentially create a significant financial burden for the franchisee, depending on the complexity and length of any legal proceedings.

It is important for a prospective Buildingstars franchisee to understand that Buildingstars is entitled to injunctive relief and specific performance enforcing the provisions of the Franchise Agreement, in the event the franchisee actually or anticipatorily breaches this Agreement. Moreover, Buildingstars is entitled to these remedies without posting a bond. The franchisee should carefully consider the implications of these provisions and seek legal counsel to fully understand their rights and obligations under the Franchise Agreement.

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.