What happens if a Deer Solution franchisee does not comply with the non-compete agreement?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
st or demand. You will not use the Confidential Information for any purpose other than for the performance of your duties on behalf of us and in accordance with the scope of your work with us.
- 5. Reasonableness of Covenants and Restrictions. You agree that the terms of this Agreement are reasonable and fair and that 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 the terms of this Agreement will cause irreparable harm to us and to our Franchisor, Deer Solution Franchising LLC, and other Deer Solution franchisees for which there is no adequate remedy at law. Therefore, you agree that any violation of these covenants will entitle us or our Franchisor, Deer Solution Franchising LLC, to injunctive relief. You agree that we and/or our Franchisor, Deer Solution Franchising LLC, may apply for such injunctive relief, without bond, but upon due notice, in addition to such further and other relief as may be available at equity or law, and the sole remedy of yours, in the event of the entry
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 39–40)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, failure to comply with the terms of the Franchise Agreement, including the non-compete clauses, will cause irreparable harm to Deer Solution Franchising LLC and its franchisees. In such cases, Deer Solution Franchising LLC is entitled to injunctive relief. This means that Deer Solution can seek a court order to stop the franchisee from continuing the actions that violate the agreement.
The document specifies that Deer Solution Franchising LLC can apply for injunctive relief without posting a bond, although with due notice to the franchisee. If a court requires a bond, the franchisee agrees that the bond amount will not exceed $1,000. The franchisee's sole remedy, if an injunction is issued, is to seek the dissolution of the injunction. The franchisee also waives any claims for damages resulting from the wrongful issuance of such an injunction.
The remedies available to Deer Solution Franchising LLC are not exclusive and can be combined with other remedies available under the agreement, at law, or in equity. These include injunctive relief, specific performance, and recovery of monetary damages. It is important to note that in North Dakota, covenants not to compete are generally considered unenforceable, according to an amendment to the Deer Solution Franchise Agreement.