In the event of an injunction against an Extreme Art Studio franchisee, what is the franchisee's sole remedy?
Extreme_Art_Studio Franchise · 2024 FDDAnswer from 2024 FDD Document
17.7.2 You agree that we may obtain such injunctive relief in addition to such further or other relief as may be available at law or in equity.
Source: Item 22 — CONTRACTS (FDD page 49)
What This Means (2024 FDD)
The 2024 Extreme Art Studio Franchise Disclosure Document does not specify what the franchisee's sole remedy is in the event of an injunction against them. However, it does state that Extreme Art Studio has the right to seek provisional remedies from a court, including injunctions, for specific actions without awaiting mediation or arbitration. These actions include conduct causing loss or damage to Extreme Art Studio, its Marks, Confidential Information, or the System; violations of law or dishonest acts; antitrust issues; securing injunctive relief or specific performance; indemnity rights; post-termination obligation compliance; or breaches of restrictive covenants.
Additionally, the FDD states that Extreme Art Studio may obtain injunctive relief in addition to other available legal or equitable remedies. This suggests that if Extreme Art Studio seeks and obtains an injunction against a franchisee, it is not the only remedy they can pursue. They can also seek further relief through legal or equitable means.
Because the document does not explicitly define the franchisee's sole remedy in the event of an injunction, prospective franchisees should seek clarification from Extreme Art Studio regarding their rights and obligations in such a situation. Understanding the full scope of potential remedies and the franchisee's recourse is crucial for making an informed investment decision.