If a franchisee breaches the Deer Solution agreement, what action can Deer Solution take?
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 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to the 2025 Deer Solution Franchise Disclosure Document, if a franchisee fails to comply with the terms of the agreement, Deer Solution can pursue several remedies. Deer Solution states that failure to comply with the agreement will cause irreparable harm to them, their franchisor Deer Solution Franchising LLC, and other Deer Solution franchisees.
Deer Solution is entitled to injunctive relief, meaning they can seek a court order to compel the franchisee to stop the breaching behavior. Deer Solution Franchising LLC may 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 a hearing duly held. If a court requires the filing of a bond notwithstanding the preceding sentence, the franchisee agrees that the amount of the bond shall not exceed $1,000.
These remedies are not exclusive and may be combined with others available under the agreement, at law, or in equity. This includes injunctive relief, specific performance, and recovery of monetary damages. This means Deer Solution can pursue multiple avenues of recourse simultaneously to address a breach, including seeking financial compensation for any losses suffered as a result of the franchisee's non-compliance.