Is termination the sole remedy available to Deer Solution in the event of a franchisee default?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
None of the remedies available to us under this Article are exclusive of any other, but may be combined with others under this Agreement, or at law or in equity, including injunctive relief, specific performance, and recovery of monetary damages.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, termination is not the sole remedy available to Deer Solution in the event of a franchisee default. Deer Solution has several options, including legal and equitable remedies.
Deer Solution may seek injunctive relief for breaches of the agreement, meaning they can ask a court to order the franchisee to stop certain actions. The franchisee's sole remedy if an injunction is issued is to dissolve the injunction. Deer Solution can also pursue specific performance, which compels the franchisee to fulfill their obligations under the agreement. Additionally, Deer Solution can recover monetary damages to compensate for losses resulting from the franchisee's breach.
The remedies available to Deer Solution are not exclusive and can be combined, allowing them to pursue multiple avenues of recourse simultaneously. This comprehensive approach provides Deer Solution with flexibility in addressing franchisee defaults and protecting its interests.
The FDD states that upon termination of the agreement, the franchisee must immediately pay all sums due to Deer Solution, including royalty fees and advertising contributions. The franchisee must also cease operating as a Deer Solution franchise and discontinue using the System, confidential information, and licensed marks. These post-termination obligations further protect Deer Solution's brand and proprietary information.