factual

Are the rights and remedies available to C3 Wellness Spa franchisor after termination exclusive of each other?

C3_Wellness_Spa Franchise · 2024 FDD

Answer from 2024 FDD Document

le us to injunctive relief. You agree that we may

apply for such injunctive relief, without bond, but upon due notice, in addition to such further and other relief as may be available at equity or law, and the sole remedy of yours, in the event of the entry of such injunction, will be the dissolution of such injunction, if warranted, upon a hearing duly held (all claims for damages by reason of the wrongful issuance of any such injunction being expressly waived hereby). If a court requires the filing of a bond notwithstanding the preceding sentence, the parties agree that the amount of the bond shall not exceed $1,000. None of the remedies available to us under this Article are exclusive of any other, but may be combined with others under this Agreement, or at law or in equity, including injunctive relief, specific performance and recovery of monetary damages.

**5.

Source: Item 23 — RECEIPTS (FDD pages 59–293)

What This Means (2024 FDD)

According to the 2024 C3 Wellness Spa Franchise Disclosure Document, the remedies available to C3 Wellness Spa are not exclusive and can be combined with other remedies available under the agreement, at law, or in equity. This includes injunctive relief, specific performance, and recovery of monetary damages. This means that C3 Wellness Spa has a wide range of options available to them if a franchisee breaches the agreement, and they are not limited to choosing just one.

Specifically, if a franchisee fails to comply with the terms of the agreement, C3 Wellness Spa can seek injunctive relief to prevent further violations. The franchisee agrees that C3 Wellness Spa or its franchisor, Aryes Franchising LLC, can apply for injunctive relief without bond, although upon due notice. The franchisee's sole remedy in the event of such an injunction would be the dissolution of the injunction, if warranted, upon a hearing. The franchisee also waives any claims for damages resulting from the wrongful issuance of such an injunction. If a court requires a bond, the franchisee agrees that the amount will not exceed $1,000.

Furthermore, if C3 Wellness Spa does not pursue termination of the agreement in the event of a default or breach by the franchisee, or if C3 Wellness Spa accepts any payments from the franchisee, this does not constitute a waiver of the default or breach. C3 Wellness Spa reserves the right to pursue any and all additional remedies set forth in the agreement, at law, or in equity. This ensures that C3 Wellness Spa retains its rights and options even if it initially chooses not to terminate the agreement. This is a common practice in franchising, as it allows the franchisor flexibility in dealing with franchisee breaches while protecting their long-term interests.

Disclaimer: This information is extracted from the 2024 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.