Under what circumstances does Buns On Fire have the option to submit to a court?
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)
According to the 2025 Buns On Fire Franchise Disclosure Document, Buns On Fire has the right to seek injunctive relief from a court of competent jurisdiction under specific circumstances related to non-compliance or unauthorized use of their system or proprietary marks. Specifically, if a franchisee engages in non-compliance or unauthorized/improper use of the Buns On Fire System or Proprietary Marks, either during or after the term of the Franchise Agreement, Buns On Fire is entitled to seek both temporary and permanent injunctive relief. This is in addition to any other legal remedies available to them. The franchisee consents to the seeking of these injunctions.
This clause is significant for prospective franchisees as it outlines a clear legal recourse available to Buns On Fire in cases where the franchisee violates the terms of the agreement, particularly concerning the brand's operational standards and intellectual property. Injunctive relief is a powerful legal tool that can quickly halt actions that could harm the Buns On Fire brand. This demonstrates the franchisor's commitment to protecting its brand standards and intellectual property.
Furthermore, in the event that a franchisee fails to properly de-identify a relocated franchise location, Buns On Fire can seek an ex-parte order from a court of competent jurisdiction to enter the premises and make the necessary alterations at the franchisee's expense. This action can be taken without responsibility for any damages to the franchisee's property and without liability for trespass or other tort or criminal act. The franchisee's consent to this entry is acknowledged, emphasizing the franchisor's ability to enforce brand consistency and prevent public confusion.
These measures underscore the importance of adhering to the franchise agreement and maintaining brand standards. Prospective franchisees should carefully consider these stipulations and ensure they fully understand their obligations to avoid potential legal action by Buns On Fire.