Can Buildingstars seek specific performance in the event of a breach?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 22: CONTRACTS]
- J.
Remedies.
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 Buildingstars's 2025 Franchise Disclosure Document, Buildingstars has the right to seek specific performance in the event of a breach of the franchise agreement by the franchisee. This means that Buildingstars can ask a court to order the franchisee to fulfill their obligations under the agreement. This right is in addition to any other remedies Buildingstars may have.
Buildingstars is also entitled to injunctive relief, which means they can ask a court to order the franchisee to stop engaging in certain conduct that violates the agreement. Buildingstars does not have to post a bond to obtain injunctive relief.
These remedies are not exclusive, and Buildingstars can pursue any other legal options available to them. The remedies are cumulative, meaning Buildingstars can pursue multiple remedies at the same time. This is a standard clause in franchise agreements, allowing the franchisor to take necessary legal action to protect their brand and system standards.