Can Chatime, as a third-party beneficiary, enforce the agreement solely against me?
Chatime Franchise · 2025 FDDAnswer from 2025 FDD Document
6. ENFORCEMENT
- (a) Franchisor is a third-party beneficiary of this Agreement and may enforce it, solely and/or jointly with the Franchisee. I am aware that my violation of this Agreement will cause the Franchisor and the Franchisee irreparable harm; therefore, I acknowledge and agree that the Franchisee and/or the Franchisor may apply for the issuance of an injunction preventing me from violating this Agreement, and I agree to pay to the Franchisee and the Franchisor all the costs it/they incur(s), including, without limitation, legal fees and expenses, if this Agreement is enforced against me.
Source: Item 23 — Receipts (FDD pages 58–262)
What This Means (2025 FDD)
According to the 2025 Chatime Franchise Disclosure Document, Chatime, as the Franchisor, is indeed a third-party beneficiary of the franchise agreement and has the right to enforce it against the franchisee. The agreement explicitly states that Chatime can enforce the agreement solely, or jointly with the Franchisee.
This means that if a franchisee violates the agreement, Chatime can take legal action independently to ensure compliance. The document also emphasizes that any violation of the agreement will cause irreparable harm to both Chatime and the franchisee, reinforcing Chatime's right to seek an injunction to prevent further breaches. The franchisee is also responsible for covering all costs, including legal fees and expenses, incurred by Chatime if the agreement is enforced against them.
This clause is significant for prospective franchisees as it highlights the franchisor's commitment to protecting its brand and network. It also underscores the legal obligations of the franchisee and the potential financial consequences of non-compliance. Franchisees should be aware that Chatime has the legal standing to act independently to protect its interests, which is a common practice in franchising to maintain brand standards and consistency across all locations.