What remedy is HCK Hot Chicken entitled to for any violation of the agreement?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
ms of this Agreement are reasonable both in time and in scope of geographic area; and (ii) you have sufficient resources and business experience and opportunities to earn an adequate living while complying with the terms of this Agreement. YOU HEREBY WAIVE ANY RIGHT TO CHALLENGE THE TERMS OF THIS AGREEMENT AS BEING OVERLY BROAD, UNREASONABLE, OR OTHERWISE UNENFORCEABLE.
- 8. Breach. You agree that failure to comply with the terms of this Agreement will cause substantial and irreparable damage to us and/or other HCK Hot Chicken franchisees for which there is no adequate remedy at law. Therefore, you agree that any violation of the terms of this Agreement will entitle us to injunctive relief. You agree that we may apply for such injunctive relief without bond, but upon due notice, in addition to such further and other relief as may be available at equity or law, and the sole remedy of yours in the event of the entry of such injunction will be the dissolution of such injunction, if warranted, upon hearing duly held (all claims for damages by reason of the wrongful issuance of any such injunction being expressly waived hereby). If a court requires the filing of a bond notwithstanding the preceding sentence, the parties agree that the amount of the bond shall not exceed $1,000. None of the remedies available to us under this Agreement are exclusive of any oth
Source: Item 22 — CONTRACTS (FDD pages 54–55)
What This Means (2025 FDD)
According to Hck Hot Chicken's 2025 Franchise Disclosure Document, Hck Hot Chicken is entitled to certain remedies in the event of a violation of the franchise agreement by the franchisee. The document states that any failure to comply with the terms of the agreement will cause substantial and irreparable damage to Hck Hot Chicken and its other franchisees. As a result, Hck Hot Chicken is entitled to injunctive relief for any violation of the agreement.
Specifically, Hck Hot Chicken can seek injunctive relief without posting a bond, although they must provide due notice. If an injunction is issued against the franchisee, the franchisee's sole remedy is to seek dissolution of the injunction. The franchisee expressly waives any claims for damages resulting from a wrongfully issued injunction. However, if a court requires a bond despite this waiver, the parties agree that the bond amount will not exceed $1,000.
The remedies available to Hck Hot Chicken, including injunctive relief, are not exclusive. Hck Hot Chicken can combine these remedies with others available under the agreement, at law, or in equity. These include specific performance and recovery of monetary damages. Furthermore, any claim, defense, or cause of action the franchisee may have against Hck Hot Chicken cannot be used as a defense against Hck Hot Chicken's enforcement of the agreement. This provision underscores Hck Hot Chicken's ability to enforce the franchise agreement without facing counterclaims from the franchisee.