What is a Buona developer's sole remedy in the event of the entry of any injunctive relief?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
in Cook County, Illinois pursuant to this Article XII. Franchisor, Franchisor's Affiliates, Developer and Developer's Affiliates each waive their rights to a trial by jury.
- 12.6 Cumulative Remedies. No right or remedy herein conferred upon or reserved to Franchisor is exclusive of any other right or remedy herein, or by law or equity provided or permitted, but each shall be cumulative of any other right or remedy provided in this Agreement.
- 12.7 Injunctive Relief. Notwithstanding the above arbitration provisions, Franchisor and Developer will each have the right in a proper case to seek injunctive relief and any damages incidental thereto from a court of competent jurisdicti
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, in the event that injunctive relief is entered against a Buona developer, the developer's sole remedy is to seek the dissolution of the injunctive relief, if warranted, after a due hearing. This means that if a court orders a developer to stop a certain action (injunctive relief), the developer's only recourse is to argue for the removal of that order.
Notably, the Buona franchise agreement stipulates that the developer expressly waives all claims for damages resulting from the wrongful issuance of any injunction. This waiver is a significant point for potential developers to consider, as it limits their ability to recover financial losses if an injunction is later found to be unjustified.
Buona is allowed to obtain injunctive relief without needing to post a bond exceeding $1,000, provided they give due notice. This relatively low bond requirement makes it easier for Buona to pursue injunctive relief, increasing the importance for developers to understand their limited remedies and the waiver of damage claims in such situations. This is not uncommon in franchise agreements, as franchisors often seek to protect their brand and system standards through injunctive actions.