What must Deck Medic provide to the franchisee before applying for injunctive relief?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
tening the duration of the Restricted Period, reducing the geographic scope of the Restricted Territory and/or reducing the scope of any other covenant imposed upon you under this Article 4 to ensure that the terms are enforceable under applicable law.
- (g) Breach. You agree that failure to comply with these Article 4 Intellectual Property, Brand Protection and Non-Competition Covenants and Restrictions will cause irreparable harm to us and/or other Deck Medic Business franchisees for which there is no adequate remedy at law. Therefore, you agree that any violation of these covenants will e
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, Deck Medic may seek injunctive relief against a franchisee for violations of restrictive covenants, specifically those related to non-competition and intellectual property. Before Deck Medic can pursue this injunctive relief, they must provide the franchisee with "due notice." This means Deck Medic must inform the franchisee that they are seeking an injunction.
This "due notice" provision is important for franchisees because it gives them an opportunity to address the alleged violation before Deck Medic takes legal action. The franchisee may be able to resolve the issue through negotiation or by taking corrective action. It also allows the franchisee to prepare a defense if they believe they are not in violation of the agreement.
The FDD also states that Deck Medic can seek injunctive relief "without bond." However, if a court requires a bond, the franchisee and Deck Medic agree that the bond amount will not exceed $1,000. Injunctive relief is not the only remedy available to Deck Medic, as they may combine it with other remedies under the agreement, at law, or in equity, including specific performance and monetary damages.