What does the franchisee irrevocably consent to and waive regarding jurisdiction or venue for Dryer Vent Squad?
Dryer_Vent_Squad Franchise · 2024 FDDAnswer from 2024 FDD Document
eve that the covenants in this Agreement are reasonable in terms of scope, duration and geographic are, we may at any time unilaterally modify the terms of this Article 4 (Intellectual Property, Brand Protection and Non-Competition Covenants and Restrictions) by limiting the scope of the Prohibited Activities, narrowing the definition of a Competitive Business, shortening the duration of the Restricted Period, reducing the geographic scope of the Restricted Territory and/or reducing the scope of any other covenant imposed upon you under this Article 4 to ensure that the terms are enforceable under applicable law.
(g) Breach. You agree that failure to comply with these Article 4 Intellectual Property, Brand Protection and Non-Competition Covenants and Restrictions will cause irreparable harm to us and/or other Dryer Vent Squad Business franchisees for which there is no adequate remedy at law. Therefore, you agree that any violation of these covenants will entitle us to injunctive relief. You agree that we 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 eq
Source: Item 23 — RECEIPTS (FDD pages 51–207)
What This Means (2024 FDD)
According to Dryer Vent Squad's 2024 Franchise Disclosure Document, franchisees agree that failure to comply with intellectual property, brand protection, and non-competition covenants will cause irreparable harm to Dryer Vent Squad and/or other Dryer Vent Squad franchisees. Franchisees consent to Dryer Vent Squad seeking injunctive relief without bond (but upon due notice), in addition to other available relief. The franchisee's sole remedy, if such an injunction is entered, will be the dissolution of the injunction, if warranted, upon a hearing. Franchisees expressly waive all claims for damages due to the wrongful issuance of any such injunction.
If a court requires a bond, the parties agree that the bond amount will not exceed $1,000. The remedies available to Dryer Vent Squad are not exclusive and may be combined with others under the agreement, at law, or in equity, including injunctive relief, specific performance, and recovery of monetary damages.
This means that as a Dryer Vent Squad franchisee, you are agreeing to potentially face immediate court orders (injunctions) if you violate the intellectual property, brand protection, or non-competition terms of the franchise agreement. You also waive your right to sue Dryer Vent Squad for damages if an injunction is wrongly issued against you, limiting your recourse to dissolving the injunction itself. The bond amount is capped at a low $1,000, which may not cover significant losses incurred if an injunction impacts your business.