What is the franchisee obligated to do if they breach any promises in the Fly Fitness General Release?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
b. Covenantor agrees that in the event of a breach of this Agreement, Franchisor would be irreparably injured and be without an adequate remedy at law.
Therefore, in the event of such a breach, or threatened or attempted breach of any of the provisions hereof, Franchisee is obligated to enforce the provisions of this Agreement and shall be entitled, in addition to any other remedies that are made available to it at law or in equity, to a temporary and/or permanent injunction and a decree for the specific performance of the terms of this Agreement, without the necessity of showing actual or threatened harm and without being required to furnish a bond or other security.
Source: Item 22 — CONTRACTS (FDD pages 44–45)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, if a franchisee or their covenantor breaches the General Release agreement, Fly Fitness would be irreparably injured and without an adequate remedy at law. In the event of a breach, or threatened breach, the franchisee is obligated to enforce the provisions of the agreement. Fly Fitness is entitled to a temporary or permanent injunction and a decree for specific performance of the terms, without needing to show actual or threatened harm or furnish a bond or other security.
This means that Fly Fitness can seek immediate legal intervention to prevent further violation of the agreement. The franchisee is responsible for ensuring that anyone bound by the General Release, such as employees or contractors, complies with its terms. This enforcement can include court orders compelling specific actions or preventing certain behaviors.
This clause is designed to protect Fly Fitness's interests and goodwill. It highlights the importance of franchisees understanding and adhering to all contractual obligations, as breaches can lead to swift and potentially costly legal action. Prospective franchisees should carefully review the terms of the General Release and ensure they can comply with all requirements to avoid potential disputes and legal ramifications.