factual

Who is responsible for City Wide's costs and expenses if City Wide secures an injunction against the franchisee?

City_Wide Franchise · 2025 FDD

Answer from 2025 FDD Document

If CITY WIDE secures any declaration, injunction or order of specific performance pursuant to the preceding paragraph, or if any provision of this Agreement is enforced at any time by CITY WIDE, or if any amounts due from Franchisee to CITY WIDE are, at any time, collected by or through an attorney at law or collection agency, Franchisee will be liable to CITY WIDE for all costs and expenses of enforcement and collection including, but not limited to, court costs, reasonable attorneys' fees, and reasonable accountants' fees.

Source: Item 22 — CONTRACTS (FDD page 65)

What This Means (2025 FDD)

According to City Wide's 2025 Franchise Disclosure Document, the franchisee is responsible for City Wide's costs and expenses if City Wide successfully obtains an injunction against the franchisee. This also applies if City Wide enforces any provision of the Franchise Agreement or if City Wide collects amounts due from the franchisee through an attorney or collection agency.

Specifically, the franchisee is liable to City Wide for all costs and expenses of enforcement and collection. These costs include, but are not limited to, court costs, reasonable attorneys' fees, and reasonable accountants' fees. This means that if a franchisee violates the franchise agreement in a way that leads City Wide to seek legal remedies such as an injunction, the franchisee will bear the financial burden of City Wide's legal efforts.

This provision is fairly standard in franchising, as it aims to protect the franchisor's interests and ensure compliance with the franchise agreement. It also serves as a deterrent for franchisees who may consider breaching the agreement, as they would face the prospect of covering potentially significant legal costs. Prospective franchisees should carefully consider this clause and understand the potential financial implications of non-compliance with the franchise agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.