What is the developer's sole remedy if Floyds 99 obtains injunctive relief?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
onflict of law. Developer and Franchisor have negotiated regarding a forum in which to resolve any disputes which may arise between them and have agreed to select a forum in order to promote stability in their relationship. Therefore, if a claim is asserted in any legal proceeding involving Developer, its officers, directors or managers (collectively, "Developer Affiliates") and Franchisor, its officers, directors, managers or sales employees (collectively, "Franchisor Affiliates"), all parties agree that the exclusive venue for disputes between them shall be in the state and federal courts of Colorado, in Denve
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, both Floyds 99 and the developer have the right to seek injunctive relief from a court. Injunctive relief is a court order that requires a party to do or cease doing a specific action.
If Floyds 99 obtains injunctive relief against the developer, the developer's sole remedy is to seek the dissolution of the injunction, if warranted, upon a duly held hearing. This means the developer's only recourse is to argue in court that the injunction should be lifted.
Furthermore, the developer expressly waives all claims for damages resulting from the wrongful issuance of any injunction. This waiver prevents the developer from suing Floyds 99 for financial losses incurred if the injunction was wrongly issued. Floyds 99 may obtain injunctive relief without posting a bond exceeding $500, provided due notice is given.