Can Deer Solution seek an injunction to prevent a franchisee from operating the business after a breach?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
titive Business, shortening the duration of the Post-Term Restricted Period, reducing the geographic scope of the Restricted Territory and/or reducing the scope of any other covenant imposed upon Franchisee under this Article 6 to ensure that the terms and covenants are enforceable under applicable law.
6.H. BREACH OF RESTRICTIVE COVENANTS AND OBLIGATIONS
Franchisee agrees that Franchisee's failure and/or Franchisee's Owner(s) failure to comply with the restrictive covenants and obligations set forth in this Article 6 will cause irreparable harm to Franchisor and/or other Deer Solution Business franchisees for which there is no adequate remedy at law. Franchisee agrees that any violation of these Article 6 covenants and obligations by either Franchisee and/or any Owner(s) will entitle Franchisor to injunctive relief. Franchisee agrees that Franchisor 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 Franchisee, in the event of the entry of such injunction, will be the dissolution of such injunction, if warranted, upon a hearing duly held (all claims for damages by reason of the wrongful issuance of any such injunction being expressly waived hereby). If a court requ
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to the 2025 Deer Solution Franchise Disclosure Document, Deer Solution can seek injunctive relief if a franchisee fails to comply with restrictive covenants and obligations. Specifically, Deer Solution can pursue an injunction to prevent further violation of these covenants.
The FDD states that a franchisee's failure to comply with Article 6 covenants and obligations will cause irreparable harm to Deer Solution and its franchisees, for which there is no adequate remedy at law. Therefore, Deer Solution is entitled to injunctive relief in such cases.
Deer Solution may apply for injunctive relief without bond, but upon due notice. If a court requires a bond, the franchisee and Deer Solution agree that the bond amount will not exceed $1,000. The franchisee's sole remedy, if an injunction is entered, is the dissolution of the injunction if warranted upon a hearing. The franchisee expressly waives all claims for damages resulting from the wrongful issuance of any injunction.
Deer Solution's remedies, including injunctive relief, are not exclusive and can be combined with other remedies available under the agreement, at law, or in equity, such as specific performance and recovery of monetary damages. This means that Deer Solution has multiple avenues to pursue in the event of a breach of the restrictive covenants.