Does Cicis have the right to seek specific performance of the franchise agreement's provisions?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
Nothing in this Agreement bars our right to obtain specific performance of the provisions of this Agreement and injunctive relief against any threatened or actual conduct that will cause us, the Marks, or the system of Cicis Restaurants loss or damage, under customary equity rules, including applicable rules for obtaining restraining orders and temporary or preliminary injunctions. You agree that we may seek such relief from any court of competent jurisdiction in addition to such further or other relief as may be available to us at law or in equity. You agree that we will not be required to post a bond to obtain injunctive relief and that your only remedy if an injunction is entered against you will be the dissolution of that injunction, if warranted, upon due hearing (all claims for damages by injunction being expressly waived hereby).
Source: Item 23 — RECEIPTS (FDD pages 65–263)
What This Means (2025 FDD)
According to the 2025 Cicis Franchise Disclosure Document, Cicis retains the right to seek specific performance of the franchise agreement. This means Cicis can ask a court to order a franchisee to fulfill the specific terms and conditions outlined in the agreement.
Additionally, Cicis is entitled to seek injunctive relief against any actions, or potential actions, that could cause loss or damage to Cicis, its trademarks, or the Cicis restaurant system. Injunctive relief is a court order that requires a party to stop engaging in a specific behavior. The FDD states these remedies are available under customary equity rules, including those for obtaining restraining orders, temporary injunctions, and preliminary injunctions.
The franchisee agrees that Cicis can seek such relief from any court with appropriate jurisdiction and that Cicis is not required to post a bond to obtain injunctive relief. The franchisee's sole recourse if an injunction is issued against them is to seek the dissolution of the injunction upon a due hearing, with any claims for damages resulting from the injunction being expressly waived.