What does Carbones Pizzeria acknowledge and agree to regarding a breach of Section 10?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
- c. Franchisee acknowledges and agrees that any breach of this Section 10 will damage Franchisor in a manner which will not be readily susceptible to calculation; accordingly, Franchisee agrees that the unauthorized disclosure of the Secret Recipes will cause Franchisor irreparable harm and that accordingly injunctive relief (directed against Franchisee and any of Franchisee's owners, officers, directors, shareholders, partners, joint venturers, affiliates, agents, employees, or former agents or employees) may be sought by Franchisor to prevent such irreparable damages.
Source: Item 23 — RECEIPTS (FDD pages 30–116)
What This Means (2025 FDD)
According to the 2025 Carbones Pizzeria Franchise Disclosure Document, the franchisee acknowledges and agrees that any breach of Section 10, which pertains to the secret recipes, will cause damage to Carbones Pizzeria. The document states that this damage will not be easily calculated.
Specifically, the franchisee agrees that unauthorized disclosure of the Secret Recipes will cause Carbones Pizzeria irreparable harm. Because of this potential irreparable harm, Carbones Pizzeria is entitled to seek injunctive relief from a court. This injunctive relief can be directed against the franchisee and any of the franchisee's owners, officers, directors, shareholders, partners, joint venturers, affiliates, agents, employees, or former agents or employees.
This means that Carbones Pizzeria can take legal action to prevent further disclosure of the secret recipes if a franchisee violates the terms of Section 10. This is in addition to any other legal rights or remedies that Carbones Pizzeria may have under the franchise agreement or applicable law.