Is the Non-Compliance Fine for Buns On Fire in addition to other remedies available to the Franchisor?
Buns_On_Fire Franchise · 2025 FDDAnswer from 2025 FDD Document
- The third and fourth sentences of Section 24.11 of the Franchise Agreement is amended to read as follows:
"You therefore agree that if you engage in this non-compliance, or unauthorized and/or improper use of The Buns on Fire System or Proprietary Marks, during or after the period of this Agreement, we will be entitled to seek both temporary and permanent injunctive relief against you from any court of competent jurisdiction, in addition to all other remedies which we may have at law. You consent to the seeking of these temporary and permanent injunctions."
Source: Item 23 — RECEIPTS (FDD pages 49–200)
What This Means (2025 FDD)
Based on the 2025 Buns On Fire Franchise Disclosure Document, if a franchisee engages in non-compliance or unauthorized use of the Buns On Fire system or proprietary marks, Buns On Fire is entitled to seek both temporary and permanent injunctive relief from a court of competent jurisdiction. This remedy is in addition to all other remedies that Buns On Fire may have at law.
This means that Buns On Fire has multiple avenues for recourse if a franchisee violates the terms of the franchise agreement. They can pursue legal action through the courts, seeking injunctions to stop the non-compliant behavior. Simultaneously, Buns On Fire can also pursue any other legal remedies available to them, such as monetary damages to compensate for losses incurred due to the franchisee's actions.
For a prospective Buns On Fire franchisee, this highlights the importance of adhering strictly to the franchise agreement and operating within the bounds of the established system and brand standards. Failure to do so could result in significant legal repercussions, including court orders and financial penalties, in addition to any non-compliance fines.