factual

Does Carbones Pizzeria consider its remedy at law adequate in the event of a breach of Section 23?

Carbones_Pizzeria Franchise · 2025 FDD

Answer from 2025 FDD Document

  • d. Franchisee acknowledges and agrees that Franchisor's remedy at law is inadequate and that in the event of any breach or threatened breach of the provisions of this Section Franchisor shall be entitled to temporary and final injunctive relief in addition to any other relief allowed by law.

Source: Item 23 — RECEIPTS (FDD pages 30–116)

What This Means (2025 FDD)

According to the 2025 Carbones Pizzeria Franchise Disclosure Document, Carbones Pizzeria does not consider its remedy at law adequate if there is a breach or threatened breach of the provisions in an unspecified section. Instead, Carbones Pizzeria states that it is entitled to temporary and final injunctive relief. Injunctive relief is a court order that requires a party to do or refrain from doing specific acts. This is in addition to any other relief allowed by law.

This means that if a franchisee violates a section of the franchise agreement, Carbones Pizzeria can seek a court order to stop the franchisee from continuing the violation, rather than simply seeking monetary damages. This is a stronger remedy for Carbones Pizzeria, as it can prevent further harm to its brand or business. For example, this could apply to violations of confidentiality, trademark usage, or non-compete agreements.

For a prospective franchisee, this clause highlights the importance of adhering to the franchise agreement. Failure to comply can result in immediate legal action, including court-ordered injunctions, which can significantly disrupt business operations. It also suggests that Carbones Pizzeria places a high value on protecting its brand and system, and is willing to pursue legal remedies beyond monetary compensation to do so.

Disclaimer: This information is extracted from the 2025 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.