Does the Byrider franchise agreement state that money damages alone are sufficient to compensate the company for a breach of confidentiality?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
Due to the special and unique nature of the proprietary and Confidential Information, the Marks, and the Manual, the Franchisee hereby agrees that the Company shall be entitled to immediate equitable remedies including, but not limited to, restraining orders and injunctive relief in order to safeguard any proprietary, confidential, unique and special information of the Company and that money damages alone would be an insufficient remedy with which to compensate the Company for any breach of the terms of Article XVIII and Sections 6.3 and 7.16 hereof.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, the franchise agreement specifies that monetary damages alone are not sufficient to compensate Byrider for a breach of confidentiality.
The agreement states that due to the unique nature of Byrider's confidential information, the company is entitled to immediate equitable remedies. These remedies include restraining orders and injunctive relief to protect proprietary, confidential, unique, and special information. This means Byrider can seek court orders to stop a franchisee from further disclosing or using confidential information.
This clause highlights the importance Byrider places on protecting its trade secrets and confidential information. It also means that if a franchisee breaches the confidentiality terms, Byrider can pursue legal action beyond just seeking monetary compensation, potentially leading to court-ordered restrictions on the franchisee's activities.