After termination of the Devon Creek franchise agreement, is the franchisee still responsible for the franchisor's attorney's fees related to enforcement?

According to the 2024 Devon Creek Franchise Disclosure Document, a franchisee may be responsible for Devon Creek's attorney's fees after termination of the franchise agreement. Specifically, the franchisee is obligated to pay all damages, costs, and expenses, including reasonable attorneys' fees, that Devon Creek incurs to obtain remedies for any agreement violation. This obligation extends to obtaining injunctive or other relief to enforce any provisions of the agreement that survive its termination or expiration.

This means that even after a Devon Creek franchise is terminated, the franchisee could still face financial responsibility for legal costs if Devon Creek pursues legal action to enforce specific terms of the original agreement that remain in effect. These terms could include non-compete clauses, confidentiality agreements, or other stipulations designed to protect Devon Creek's interests.

For a prospective Devon Creek franchisee, this highlights the importance of fully understanding the franchise agreement and the potential long-term liabilities. It would be prudent to seek legal counsel to clarify which provisions survive termination and under what circumstances the franchisee could be liable for Devon Creek's legal fees even after the business relationship ends. This knowledge can help in making informed decisions and managing potential financial risks associated with the franchise.