Does Christies International Real Estate have to post a bond if they seek injunctive relief?
Christies_International_Real_Estate Franchise · 2025 FDDAnswer from 2025 FDD Document
- **13.3.
Injunctive Relief**.
You agree that damages alone cannot adequately compensate us if there is a violation of any covenant in this Section and that injunctive relief is essential and necessary to prevent irreparable harm and damage to us.
You therefore agree that we are entitled to injunctive relief without posting any bond or security, in addition to the remedies that may be available to us at equity or law, if you, the Principal Owners or their respective spouses or children, or the Responsible Broker violate any covenant in this Section.
The covenants stated in this Section will survive the termination or expiration of this Agreement.
- **13.4.
Waiver of Bond.** If we bring suit to enforce this Agreement by injunctive relief, you agree that no bond or other security is necessary and you hereby waive any requirement that we post bond to obtain a temporary, preliminary, or permanent injunction to enforce the duties set forth in this Agreement.
Source: Item 23 — RECEIPT (FDD pages 54–177)
What This Means (2025 FDD)
According to the 2025 Christies International Real Estate Franchise Disclosure Document, Christies International Real Estate is entitled to injunctive relief without having to post a bond or security if the franchisee, principal owners, their spouses or children, or the responsible broker violate any covenant within Section 13 of the agreement. This means that Christies International Real Estate can seek a court order to stop certain actions by the franchisee without having to put up money that could be forfeited if they lose the case.
Furthermore, the franchisee agrees that no bond or other security is necessary and waives any requirement that Christies International Real Estate post a bond to obtain a temporary, preliminary, or permanent injunction to enforce the duties set forth in the agreement. This waiver by the franchisee strengthens Christies International Real Estate's position, making it easier and less expensive for them to pursue injunctive relief.
In the franchise industry, it is common for franchisors to seek injunctive relief to protect their brand standards, trade secrets, and other proprietary information. The ability to obtain such relief without posting a bond can be a significant advantage for a franchisor like Christies International Real Estate, as it reduces the financial burden and speeds up the process of enforcing compliance with the franchise agreement.