On what page of the Counselor Realty franchise agreement is injunctive relief discussed?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
10. RESOLUTION OF DISPUTES.
- 10.1 Arbitration. Except as provided below, any dispute arising under or in relation to this Agreement shall be resolved by binding arbitration by the National Center for Dispute Settlement, under its rules for expedited commercial arbitration, in Minneapolis, Minnesota. Each claim or controversy will be arbitrated by Franchisee on an individual basis, and will not be consolidated in any arbitration action with the claim of any other franchisee. The award of the arbitrators is final and binding on all parties. The arbitrators may issue appropriate orders as well as award monetary (but not exemplary or punitive) damages. The prevailing party will be entitled to recover its costs including its reasonable attorneys' fees. We may sue to collect money owed to us, to protect or enforce our rights in the Marks, or to compel inspections or audits.
- 10.2 Injunctive Relief. Your breach of this Agreement could cause irreparable damage to Counselor or to other franchisees. Therefore, upon a breach or threatened breach of any of the terms of this Agreement, we are entitled to an immediate injunction restraining such breach and/or a decree of specific performance, pending arbitration or adjudication, without bond, or having to show or prove any actual damage, and without regard to the availability of an adequate remedy at law.
Source: Item 22 — CONTRACTS (FDD page 32)
What This Means (2025 FDD)
According to the 2025 Counselor Realty Franchise Disclosure Document, injunctive relief is discussed in section 10.2 of the franchise agreement. This section specifies that a franchisee's breach or threatened breach of the agreement could cause irreparable damage to Counselor Realty or its other franchisees.
To protect against such potential harm, Counselor Realty is entitled to seek an immediate injunction to stop the breach or enforce specific performance of the agreement. This legal remedy can be pursued pending arbitration or a court decision.
Importantly, Counselor Realty is not required to post a bond, demonstrate actual damages, or prove that there is no adequate remedy available under the law to obtain this injunctive relief. This clause strengthens Counselor Realty's ability to quickly address and prevent potential harm resulting from a franchisee's violation of the franchise agreement.