Can the franchisor enforce the Face Foundrie agreement independently?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
You understand, acknowledge, and agree that if you do not comply with the requirements of this Agreement, you will cause irreparable injury to Franchisor, and that:
- a.
We or Franchisor will have the right to enforce this Agreement and any of its provisions by going to a court and obtaining an injunction, specific performance, or other equitable relief, without prejudice to any other rights and remedies that we or Franchisor may have for breach of this Agreement;
- b.
You will not raise wrongful termination or other defenses to the enforcement of this Agreement (although you will have the right to raise those issues in a separate legal action); and
- c.
You must reimburse us or Franchisor for any court costs and reasonable attorney's fees that we or Franchisor incur as a result of your violation of this Agreement and having to go to court to seek enforcement.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to the 2025 Face Foundrie FDD, Face Foundrie has the right to enforce the franchise agreement and its provisions through legal means. Specifically, Face Foundrie can seek an injunction, specific performance, or other equitable relief from a court if a franchisee fails to comply with the agreement. This is without prejudice to any other rights and remedies Face Foundrie may have for breach of the agreement. This means Face Foundrie can pursue legal action to ensure franchisees adhere to the terms outlined in the agreement.
Furthermore, the franchisee is prohibited from raising wrongful termination or other defenses to the enforcement of the agreement, although they retain the right to raise those issues in a separate legal action. This clause streamlines Face Foundrie's ability to enforce the agreement by limiting the defenses a franchisee can immediately use to prevent enforcement.
Additionally, the franchisee is responsible for reimbursing Face Foundrie for any court costs and reasonable attorney's fees incurred as a result of the franchisee's violation of the agreement, should Face Foundrie have to go to court to seek enforcement. This provision serves as a deterrent against non-compliance, as the franchisee could be responsible for Face Foundrie's legal expenses in addition to any other penalties or remedies imposed by the court. This is a common practice in franchising, as it protects the franchisor's interests and ensures the franchisee adheres to the agreement.