What rights does Face Foundrie have if an employee does not comply with the requirements of the agreement?
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.
- **5.
Severability**.
Each of the provisions of this Agreement may be considered severable from the others.
If a court should find that we or Franchisor may not enforce a clause in this Agreement as written, but the court would allow us or Franchisor to enforce that clause in a way that is less burdensome to you, then you agree that you will comply with the court's less-restrictive interpretation of that clause.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to the 2025 Face Foundrie Franchise Disclosure Document, if an employee does not comply with the requirements of the agreement, Face Foundrie has specific legal and equitable remedies. Face Foundrie has the right to enforce the agreement in court, seeking an injunction, specific performance, or other equitable relief. This is without prejudice to any other rights and remedies Face Foundrie may have for breach of the agreement.
The employee is not allowed to raise wrongful termination or other defenses to prevent the enforcement of the agreement, although they retain the right to raise these issues in a separate legal action. The employee must also reimburse Face Foundrie for any court costs and reasonable attorney's fees that Face Foundrie incurs as a result of the employee's violation and the need to go to court for enforcement.
These measures are designed to protect Face Foundrie's interests and ensure compliance with the terms of the agreement. The FDD also states that each provision of the agreement is severable. If a court finds that Face Foundrie cannot enforce a clause as written, but could enforce it in a less burdensome way, the employee agrees to comply with the court's less restrictive interpretation of the clause.