factual

Does Buildingstars waive any rights by seeking injunctive relief?

Buildingstars Franchise · 2025 FDD

Answer from 2025 FDD Document

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 23 — RECEIPT (FDD pages 43–217)

What This Means (2025 FDD)

According to Buildingstars's 2025 Franchise Disclosure Document, Buildingstars does not waive any rights by seeking injunctive relief. Specifically, in the event of a breach or threatened breach of the agreement by either party, the other party is immediately entitled to injunctive relief, in addition to any other available remedies. This includes actions like temporary restraining orders, preliminary injunctions, and specific performance, without needing to demonstrate actual damages. Seeking such relief does not limit the party to that single remedy, excluding others.

For a Buildingstars franchisee, this means that Buildingstars retains the ability to pursue multiple legal avenues should the franchisee violate the franchise agreement. Buildingstars isn't limited to just seeking an injunction; they can also pursue other remedies simultaneously. This protects Buildingstars' interests by ensuring they have various options to address breaches of contract.

Furthermore, Buildingstars is not required to post a bond when seeking injunctive relief. This is a notable advantage for Buildingstars, as posting a bond can be a significant financial burden in legal proceedings. The absence of this requirement makes it easier and less costly for Buildingstars to pursue injunctive relief to protect its interests and enforce 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.