Can the Cool Binz Franchisor obtain injunctive relief without bond?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
' intent that the provisions of this Article III be judicially enforced to the fullest extent permissible under applicable law. Accordingly, the parties agree that any reduction in scope or modification of any part of the noncompetition provisions contained herein will not render any other part unenforceable. In the event of the actual or threatened breach of this Article III by you, any of your principals, or any members of their immediate family, Franchisor will be entitled to an injunction restraining such person from any such actual or threatened breach. You agree that in the event of the actual or threatened breach of this Article III, Franchisor's harm will be irreparable and that Franchisor has no adequate remedy at law to prevent such harm.
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to Cool Binz's 2025 Franchise Disclosure Document, Cool Binz can seek injunctive relief to protect its interests. Specifically, Cool Binz is not prevented from seeking a writ of attachment, a temporary injunction, preliminary injunction, and/or other emergency relief from any court with jurisdiction to safeguard and protect their interests.
In the event that a franchisee, their principals, or their immediate family members, threaten to or actually breach Article III of the agreement, Cool Binz is entitled to an injunction restraining such person from any such actual or threatened breach. The agreement states that if Article III is breached or threatened to be breached, Cool Binz's harm will be irreparable and that Cool Binz has no adequate remedy at law to prevent such harm.
While the FDD states that Cool Binz can seek injunctive relief, it does not specify whether Cool Binz must post a bond to obtain such relief. A prospective franchisee should seek clarification from Cool Binz regarding the bond requirements for injunctive relief.