In addition to injunctive relief, what other relief can Cream seek from a court of competent jurisdiction?
Cream Franchise · 2025 FDDAnswer from 2025 FDD Document
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 61–192)
What This Means (2025 FDD)
According to Cream's 2025 Franchise Disclosure Document, Cream can seek further or other relief that may be available to them at law or in equity from any court of competent jurisdiction, in addition to specific performance of the provisions of the agreement and injunctive relief. This means that Cream has the right to pursue various legal remedies beyond just court orders to stop a franchisee from doing something (injunctive relief).
This provision is important for prospective franchisees because it clarifies the full extent of legal actions Cream can take against a franchisee. It is also important to note that Cream is not required to post a bond to obtain injunctive relief, and the franchisee's only remedy if an injunction is entered against them is the dissolution of that injunction, if warranted, upon due hearing.
This clause is generally favorable to the franchisor, Cream, as it provides them with multiple avenues for legal recourse, while limiting the franchisee's options in the event of a dispute. Franchisees should be aware of this and understand the potential financial and legal implications.