What remedy is Crepe De Licious entitled to for any violation of the agreement?
Crepe_De_Licious Franchise · 2025 FDDAnswer from 2025 FDD Document
med to have violated the terms of this Agreement if any member of your immediate family uses or discloses the Intellectual Property. However, you may rebut this presumption by furnishing evidence conclusively showing you did not disclose the Intellectual Property to the family member.
- 5. Covenants Reasonable. You acknowledge and agree that: (i) the terms of this Agreement are reasonable both in time and in scope of geographic area; and (ii) you have sufficient resources and business experience and opportunities to earn an adequate living while complying with the terms of this Agreement. YOU HEREBY WAIVE ANY RIGHT TO CHALLENGE THE TERMS OF THIS AGREEMENT AS BEING OVERLY BROAD, UNREASONABLE, OR OTHERWISE UNENFORCEABLE.
- 6. Breach. You agree that failure to comply with this Agreement will cause substantial and irreparable damage to us and/or other Crepe de licious fr
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Crepe De Licious Franchise Disclosure Document, Crepe De Licious outlines several remedies available to them in the event of a franchisee's breach of the agreement. Specifically, Crepe De Licious states that any failure to comply with the agreement will cause substantial and irreparable damage to them and/or other Crepe De Licious franchisees, for which there is no adequate remedy at law.
To address this, Crepe De Licious is entitled to injunctive relief for any violation of the agreement. This means Crepe De Licious can seek a court order to stop the franchisee from continuing the violating behavior. Crepe De Licious can apply for injunctive relief without bond, but upon due notice. The franchisee's sole remedy, in the event of the entry of such injunction, will be the dissolution of such injunction, if warranted, upon hearing duly held, with all claims for damages by reason of the wrongful issuance of any such injunction being expressly waived. If a court requires the filing of a bond, the parties agree that the amount of the bond shall not exceed $1,000.
Additionally, if Crepe De Licious pursues legal remedies against a franchisee for breaching the agreement and prevails, the franchisee agrees to pay Crepe De Licious's reasonable attorneys' fees and costs. For Area Developer agreements, upon termination of the agreement in accordance with Section 6 and the terms of the agreement, the Area Developer shall pay to Crepe De Licious within 30 days of the date of the termination, as liquidated damages for the premature termination of this Agreement and not as a penalty, an amount equal to one-third (1/3) the Area Developer Fee payable to Crepe De Licious based this Agreement.