In the event of a breach of the agreement by the Covenantor, what specific remedies is Kidokinetics entitled to?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
ERMS OF THIS AGREEMENT AS BEING OVERLY BROAD, UNREASONABLE, OR OTHERWISE UNENFORCEABLE.**
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- Breach. You agree that failure to comply with the terms of this Agreement will cause substantial and irreparable damage to us and/or other Kidokinetics 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 other, but may be combined with others under this Agreement, or at law or in equity, including injunctive relief, specific performance, and recovery of monetary damages. Any claim, defense, or cause of action that you may have against us, our owners or our affiliates, or against Franchisee, regardless of cause or origin, cannot be used as a defense against our enforcement of this Agreement.
9. Miscellaneous.
- a. If we pursue legal remedies against you because you have breached this Agreement and prevail against you, you agree to pay our reasonable attorneys' fees and costs in doing so.
- b.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, if the Covenantor fails to comply with the agreement, Kidokinetics is entitled to injunctive relief. This means Kidokinetics can seek a court order to stop the Covenantor from continuing the actions that constitute the breach. Kidokinetics can pursue this injunctive relief without posting a bond, although if a bond is required by the court, the parties agree that the bond amount will not exceed $1,000. The Covenantor's sole remedy, should an injunction be entered, is to seek the dissolution of the injunction. The Covenantor waives all claims for damages resulting from a wrongfully issued injunction.
Kidokinetics's remedies are cumulative and can be combined with other remedies available under the agreement, at law, or in equity. These remedies include injunctive relief, specific performance, and recovery of monetary damages. This means Kidokinetics is not limited to just one form of recourse but can pursue multiple avenues to address the breach.
Furthermore, any claims, defenses, or causes of action the Covenantor may have against Kidokinetics or the franchisee cannot be used as a defense against Kidokinetics's enforcement of the agreement. This provision ensures that Kidokinetics can enforce the agreement without being hindered by unrelated disputes or claims the Covenantor might raise. If Kidokinetics prevails in legal action against the Covenantor for breaching the agreement, the Covenantor must pay Kidokinetics's reasonable attorney fees and costs.