Under what circumstances can Cicis seek injunctive relief against a franchisee?
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 Cicis's 2025 Franchise Disclosure Document, Cicis retains the right to seek specific performance and injunctive relief against franchisees under certain conditions. Specifically, Cicis can pursue injunctive relief against any threatened or actual conduct by a franchisee that could cause loss or damage to Cicis, its trademarks (the Marks), or the Cicis restaurant system.
This right allows Cicis to take swift legal action to prevent potential harm to its brand and business operations. The FDD specifies that Cicis can seek this relief under customary equity rules, including those for obtaining restraining orders and temporary or preliminary injunctions. This means Cicis can ask a court to immediately stop a franchisee's actions if they pose an imminent threat.
The franchisee agrees that Cicis is not required to post a bond to obtain injunctive relief. Furthermore, the franchisee's sole recourse if an injunction is issued against them is to seek the dissolution of that injunction through a hearing, with any claims for damages resulting from the injunction being expressly waived. This provision streamlines Cicis's ability to enforce compliance and protect its interests, while limiting the franchisee's potential remedies in such situations.
In addition to seeking injunctive relief, Cicis retains the right to pursue further or other relief available at law or in equity, providing Cicis with multiple avenues for addressing franchisee misconduct or breaches of the franchise agreement. This comprehensive approach underscores the importance of franchisees adhering to the terms of the franchise agreement to avoid potential legal action by Cicis.