Does seeking injunctive relief prevent Christian Brothers Automotive from pursuing other remedies?
Christian_Brothers_Automotive Franchise · 2025 FDDAnswer from 2025 FDD Document
ant. Franchisee expressly agrees to be bound by any lesser covenant
subsumed within the terms of Section 16 of this Agreement as if the resulting
covenant were separately stated in and made a part hereof.
(e) A breach or violation of the Covenants Not to Compete contained in Section 16 of
this Agreement by Franchisee shall entitle the Franchisor, as a matter of right,
without the posting of any bond, to an injunction issued by any court of competent
jurisdiction, restraining any further or continued breach or violation of this
covenant.
Source: Item 23 — RECEIPTS (FDD pages 76–372)
What This Means (2025 FDD)
According to the 2025 Christian Brothers Automotive Franchise Disclosure Document, seeking injunctive relief for a breach of the Covenants Not to Compete does not prevent Christian Brothers Automotive from pursuing other available remedies. Christian Brothers Automotive retains the right to pursue all other remedies to which it is entitled. This is in addition to, and not in place of, any other legal avenues available to them.
This means that if a franchisee violates the non-compete agreement, Christian Brothers Automotive can seek a court order (injunction) to stop the franchisee from continuing the violation. Simultaneously, Christian Brothers Automotive can also pursue other legal remedies, such as monetary damages to compensate for losses caused by the breach.
This provision protects Christian Brothers Automotive by ensuring they have multiple avenues to address breaches of the non-compete agreement. It also emphasizes the importance of franchisees adhering to the Covenants Not to Compete outlined in Section 16 of the franchise agreement.