What remedies is Crepe De Licious entitled to in the event of noncompliance with Section 17?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge that any failure to fully and strictly comply with Section 17 will result in irreparable injury to us for which there is no adequate remedy at law, and you agree that, in the event of any noncompliance with any of Section 17, we will be entitled to temporary, preliminary, and permanent injunctions and all other equitable relief that any court with jurisdiction may deem just and proper.
An action seeking provisional remedies will be brought in any state or federal court within the jurisdiction in which we then have our principal place of business, or in any other state court or federal district court with proper jurisdiction.
The parties consent to the exercise of personal jurisdiction over them by these courts, and to the propriety of venue in these courts for the purpose of this Section 18.03, and the parties waive any objections that they would otherwise have in this regard.
- 18.04 Costs of Enforcement. If we secure any provisional remedy pursuant to Section 18.03 of this Agreement, or if any provision of this Agreement is otherwise enforced at any time by us, or if any amounts due from you to us are collected by or through an attorney at law or collection agency, you will be liable to us for all costs and expenses of enforcement and collection including, but not limited to, court costs and reasonable attorney fees and expenses incurred by us (including the fair market value of any time expended by in-house legal counsel).
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Crepe De Licious Franchise Disclosure Document, if a franchisee fails to comply with Section 17 of the agreement, Crepe De Licious is entitled to seek temporary, preliminary, and permanent injunctions, as well as any other equitable relief that a court with jurisdiction deems just and proper. Crepe De Licious asserts that noncompliance with Section 17 will cause irreparable injury for which there is no adequate remedy at law.
Crepe De Licious can pursue these remedies in any state or federal court within the jurisdiction where they have their principal place of business or in any other state or federal district court with proper jurisdiction. The franchisee consents to the exercise of personal jurisdiction by these courts and waives any objections regarding venue.
Additionally, if Crepe De Licious secures any provisional remedy or enforces any provision of the agreement, or if any amounts due from the franchisee are collected through an attorney or collection agency, the franchisee will be liable for all costs and expenses of enforcement and collection. This includes court costs, reasonable attorney fees, and expenses incurred by Crepe De Licious, including the fair market value of time expended by in-house legal counsel. This could potentially create a significant financial burden for the franchisee in addition to the initial damages from non-compliance.